In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th Cir. Sept. 16, 2011), the Ninth Circuit reviewed the standards for class certification in an employment class action following the U.S. Supreme Court’s decision in Dukes v. Walmart. In Ellis,three named plaintiffs sought injunctive relief, compensatory damages, and backpay on behalf of a nationwide class of female employees who the plaintiffs claimed had been denied promotion because of their gender. The district court granted class certification. In reviewing the certification order, the court provided guidance for class action litigation in the Ninth Circuit following Walmart.

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification of a gender discrimination lawsuit brought by 1.5 million current and former Wal-Mart employees because the plaintiffs failed to identify a specific, company-wide policy or practice of discrimination. Additionally, the Court held unanimously that the employees’ backpay claims could not be certified as a class action because Wal-Mart was entitled to individual proceedings so that it could present defenses as to each claim.

 On December 6, 2010, the United States Supreme Court granted Wal-Mart’s petition for certiorari, agreeing to review the Ninth Circuit’s decision [pdf] to permit certification of a class of 500,000 current and former Wal-Mart employees in Dukes v. Wal-Mart Stores, Inc.  This litigation, which has been ongoing for nearly a decade, alleges sex discrimination under Title VII of the Civil Rights Act of 1964 against