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Wal-Mart faces class-action suit for racially discriminatory practices

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Yesterday, a federal judge in Little Rock, Arkansas granted class-action status to truck drivers accusing Wal-Mart Stores Inc. (NYSE: WMT) of using racially discriminatory practices in hiring drivers, according to the Arkansas Democrat-Gazette.

The suit will include all black applicants in the U.S. who were denied driving jobs since September 22, 2001, and those who say they were denied or prevented from applying for a driving job as a result of Wal-Mart's policies.

U.S. District Judge William R. Wilson Jr. said that Wal-Mart drivers were screened by a committee of drivers. The judge noted that none of the screening committees had a majority of African Americans while some committees lacked any, despite a company rule that the panels be 50% diverse.

The class-action suit is expected to include less than 10,000 people. Plaintiffs looking for punitive damages would need to separately file a suit after the class-action case, according to the ruling.

It seems that discrimination continues to affect the working man. This case reminds me of the recent FedEx Corp. (NYSE: FDX) racial discrimination settlement (as well as the one in 2005). The suit alleged that FedEx Express discriminated against African American and Hispanic workers by paying them less than Caucasian workers, passing them over for promotion and treating them unfairly in evaluation and disciplinary proceedings.

While FedEx had denied committing any acts of racial discrimination, there was a $53.5 million payout to make the case go away. On the day of the settlement, FedEx shares were barely hurt, down 57 cents that morning. I expect Wal-Mart to look for a settlement and its shares to experience the same treatment as FedEx's on the news.

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Last updated: November 14, 2009: 10:40 AM

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