Walmart Sued for Discriminating Against Female Drivers With Male-Centric Uniform Policy

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Walmart Sex Discrimination Class Action Lawsuit Overview:

• Why: The employee accuses the company of civil rights violations by discriminating against its female truck drivers with its uniform policy.
• Who: Walmart is being sued by a female truck driver in its employ.
• Where: The class action lawsuit was filed in Alabama federal court.

A female employee is suing Walmart for alleged sex discrimination by forcing its female drivers to wear either company-issued men’s pants or buy and launder their own uniform-compliant pants. 

The class action lawsuit was filed by Diana Webb, a Walmart truck driver in Alabama. Webb first brought her complaint to the Equal Employment Opportunity Commission (EEOC) in October 2021. Later that same month, the EEOC determined it would not proceed further with the investigation but sent a Right to Sue letter to Webb, indicating her approval to file this class action.  

Webb began working as a Walmart truck driver in July 2020. Her “several” complaints to supervisors and the human resources department remain unattended, according to the complaint. Further, her request for reimbursement was denied on the basis that the company would have to “reimburse all female drivers” if they reimbursed her. 

Webb seeks to represent a class of all females who were employed by Walmart, Inc. from July 20, 2020, to the present, who were required to wear male uniform pants or shorts as a condition of employment or, alternatively, purchase their own.

Uniform Policy ‘Blatant’ Discrimination Against Female Employees, Complaint Says

Webb maintains that it is “impossible to wear the men’s pants” provided since they are “specifically made to fit only male employees.” 

However, any employee found to be out of compliance with uniform requirements will be terminated immediately, according to the complaint. 

As a result, Webb buys and launders her own pants, “an economic expense her male colleagues have not suffered” since male employees receive male pants and can have their uniforms laundered by the company. Walmart will not launder pants that were not provided by the company, the complaint says. 

“This is blatant sex discrimination by Walmart against its female Drivers,” the complaint reads.

Further, by avoiding paying for female-fitting pants or female employees’ uniform cleaning, Walmart has benefitted from unjust enrichment. 

Webb seeks an order preventing Walmart from engaging in its allegedly illegal conduct, an order for Walmart to return all its unjustly retained profits, compensatory and punitive damage; and attorneys’ costs. 

Have you faced a similar situation at Walmart or another workplace? Watch this space for more information on this class’ certification. 

The plaintiff is represented by Teri Ryder Mastando and Eric J. Artrip of Mastando & Artrip, LLC.

The Walmart Sex Discrimination Class Action Lawsuit is Webb v. Walmart Inc., Case No. 5:22-cv-00044-MHH, in the U.S. District Court for the Northern District of Alabama Northeastern Division. 

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