A federal judge in Arkansas granted class-action status to truck drivers accusing Wal-Mart Stores of using racially discriminatory practices in hiring over-the-road drivers, the Arkansas Democrat-Gazette reported Thursday.
The suit will include all black applicants living in the continental United States who were denied driving jobs since Sept. 22, 2001, and those who contend they were deterred or otherwise prevented from applying for driving jobs as a result of Wal-Mart’s policies, the paper reported.
“We disagree with the district court’s decision and are considering an appeal,” Wal-Mart spokesman John Simley told Transport Topics Thursday.
“We believe that the case will be resolved in Wal-Mart’s favor once the merits of the case are addressed. It’s important to remember, the only question the district court decided concerned class-action status. This has nothing to do with the merits of the case or whether the allegations are true,” he said.
U.S. District Judge Bill Wilson Jr. said in a 43-page order that plaintiffs, which were expected to number less than 10,000, could seek back pay and a declaration that Wal-Mart’s policies and practices were racially discriminatory and thereby unconstitutional, the paper said.
Plaintiffs seeking any punitive damages would have to do so in separately filed lawsuits after a the class-action case, the Democrat-Gazette said.
Wal-Mart is ranked No. 2 on the Transport Topics Private 100 listing of U.S. and Canadian private fleets.
By Transport Topics
Staff Reporter Eric Miller contributed to this report.