. >> reporter: it is a journey betty dukes never imagined she would make. >> i started working at $5 an hour. >> from part-time cashier in a small town wal-mart to the steps of a supreme court. dukes is now the face of what could be the biggest discrimination case in history. duke says wal-mart supervisors cheated her on raises and repeatedly passed her over for promotions. >> it was on numerous occasions that i literally saw men being promoted at a greater rate than women. >> reporter: dukes and six other female wal-mart employees sued the company for sex discrimination. their lawyers then upped the ante. in the supreme court today, they said wal-mart has a company-wide policy of discrimination and that some 1.5 million women who've worked for the company should have to join a huge class action lawsuit. but a majority of the justices were openly skeptical. justice anthony kennedy-- often the critical swing vote-- said "i'm just not sure what the unlawful policy is." the three women justices asked the most questions, but they didn't exactly embrace the massive lawsuit. justice ruth b

betty dukes and her fellow plaintiffs in this case were represented by joseph sellers. he told the justices today that, look, obviously he disagrees with mr. boutrous but he said wal-mart had a policy here of giving its store managers unchecked, unfettered decision-making discretion by which they could pay women less for the same job as men and offer fewer opportunities for promotion. he said every woman who works for wal-mart was subjected to that unfettered discretion. that's the common link. whether they were harmed or not, that's the common link. some of the justices thought there was some inconsistency in his position. justice kennedy said, well, on the one hand you've argued that wal-mart has this centralized management policy, a culture, they call it the wal-mart way. on the other hand, you're saying there's this individual discretion, decision-making discretion. they seem inconsistent. mr. sellers said that the store managers don't make these decisions in a vacuum. it's informed by wal-mart's culture. he said they have extraordinary amounts of evidence that show

betty duke and five other california women are accusing wal-mart of gender diskreupl their.they are filing a lawsuit -- of gender discrimination. and they are filing a lawsuit on behalf of other female employees. >> please do not sit quietly and take this abuse because we do not have to. we have civil rights and we have legal rights. >> reporter: wal-mart attorneys told the court today the company has a zero tolerance discrimination policy and that duke's case is an exception not proof of a pattern. they are asking the high court to order that each case be heard individually not as a class action lawsuit. the supreme court is not expected to make a decision on the class action issue until june. in the meantime betty duke's discrimination suit is moving on in the legal system. >> stay with us, ktvu channel 2 news at 6:00 is coming up next. >> reporter: tenants here have been complaining about bugs and in some cases unfit living conditions. coming up next, we will bring you the suit being brought on the landlord. >>> i can't live like this. my grand kids can't come here. >>> r

. >> i brought this case -- >> reporter: betty dukes first sued walmart in 2001 after working at a store in pittsburgh. her sex discrimination case is now a class action for female employees past and perez ept. >> if you do wrong, you should be held accountable. >> reporter: but the retail giant says the lawsuit is too big and shouldn't be a class action because it is too big. >> what's wrong with this case is that three plaintiffs are trying to represent more than 1.5 million associates. i've had a very positive experience at walmart like thousands of other women. >> reporter: that's what they argued before the nine justices who seemed sympathetic to the position. the justices also appeared confused by the plaintiff's contention, walmart had a strong -- stereo typing. while the high court including three female justices heard arguments, outside, women's rights advocates trying to have their voices heard as the high court now decides if this is a case for all women of walmart or if just a few will have to start over at square one. >>> a decision is expected by late june. >>> there are de

betty dukes is a grader at walmart. her job is to stand on her feet all day wearing a blue vest and make people feel welcome to her store. she is one of 63 named plaintiffs in those are people who actually put their stories out there. there are behind them 1.6 million other women and the issue here is whether not that he dukes and her 62 fellow named plaintiffs can adequately represent all of those other people. if you roper betty dukes can you take that verdict and handed over to these 1.6 million women and still have their cases be proved? that is what rule 23 at its heart is about and why it is so harmful and what is so important to be used carefully. 's the two things i want to talk about today are two of the really difficult issues the court is going to have to face and they bow have to do with whether a rule 23 was used carefully in this case. i don't think anyone here will argue that walmart has noticed noticed -- gender discrimination. there is going to events and discrimination they are there so it is not just

but in later news stories you may also hear from betty dukes herself. she's going to be holding a news conference this morning outside the supreme court. so you'll be hearing from her side. >> all right. going to be very interesting. thank you for that update. >>> time now 5:48. well, after more than 20 years in prison, 43-year-old maurice caldwell wakes up a free man this morning. yesterday at 5:00 p.m. mr. caldwell there was released from the san francisco county jail after a judge overturned his murder conviction. mr. caldwell was convicted of a second-degree murder for the shooting death back in june of 1990. now after two decades in jail, a nevada prison inmate confessed to the crime and more witnesses have come forward. >> been a long journey. i mean all these years i knew my brother was innocent of the charges. >> mr. caldwell says he feels bad for the family but he's happy his name has finally been cleared. he says after more than two decades in prison he can't wait to begin his life over. prosecutors in the case were hoping for a retrial, now t

it started with california employee betty duke, who complained that wal-mart was giving men bet brother motions better promotions and bigger salaries. >> i believe there was a pattern of discrimination in wal-mart in my store and across the country. >> reporter: her complaint led to the class action suit accusing wal-mart of company- wide discrimination against women. the supreme court will not be ruling on whether wal-mart is guilty but whether one giant lawsuit can represent the experiences of hundreds of thousands of women. if the suit is allowed to continue, it could cost wal- mart billions. the company has fought the suit from the start saying it has a long history of promoting women. and it says there are plenty of female employees with positive stories. >> i joined the company in 1992 as a management trainee in california. and in less than four years, i was promoted to store manager. >> reporter: but other women have come forward with stories of being passed over for years, training men who were then promoted above them. >> i asked how i was supposed to do it and i never had a so

betty dukes of pittsburgh is the plaintiff. she says wal-mart supervisors passed her over for promotions. the class action lawsuit was the best way to have an impact. >> wal-mart is an 800 pound gorilla in the room. >> wal-mart denies dediscrimination. company's attorney says the suit is too big and too fractured and they urge the court to throw it out. >>> new study released two hours ago suggest how your food is prepared and packages may expose you and your loved ones to a controversial chemical. dr. kim shows us how one bay area family got involved. >> yes, you start cutting. >> last year, the family changed how they ate. all in the name of science. >> i found this research project on craigslist. >> it was really to bring in a different way of cooking food. >> we stopped using plastic bottles. >> it was about bpa and if it was in our body. >> bpa is an industrial chemical found in can and plastic packaged foods. along with four other bay area families agreed to have researchers measure the chemical in their body. >> they fou

. >> reporter: betty dukes talked to reporters in front of the supreme court tuesday, almost ten yearsfter she first complained about alleged sex discrimination at walmart. a complaint that has turned into a giant class action lawsuit against america's largest retailer. dukes went to court because she says male workers at walmart make more, and get promoted faster. >> walmart is trying their level best to keep us out of court so the facts will not be presented to the public at large or before a sitting jury. >> reporter: walmart says not so. the company argues that the suit is so big, that not all the women covered by it are in the same situation. and that's the issue that the supreme court will decide. not whether walmart is guilty, but whether hundreds of thousands of women should all be part of one giant lawsuit. at least one justice suggested he's troubled by lower court decisions that allowed the lawsuit to proceed. anthony kennedy also said he's unsure what was the unlawful policy at walmart. >> i've had a very positive experience at walmart, like thousands of other women. >> rep

. >> reporter: betty dukes, one of the women who is trying to bring this case, on behalf of so many others, was undaunted. >> they rule against us, the fight has just begun. >> yes. >> yeah. >> just begun. >> reporter: well, this court has generally been a pro-business court, so the women that brought this case may face a real challenge winning it, even with three women justices up there. >> what a day on the court, though. and fascinating to hear their question. thank you, terry. >>> and as you've been pointing out to us, of course, whatever happens in the courtroom, it is still one of the stubborn facts in american life, that decade after decade, statistics show that women do not make equal pay for equal work. the latest government numbers, women earn 77 cents for every dollar earned by a man. and nationwide, less than men working in the very same job. well, sharyn alfonsi says tonight, this can be changed, and she brings us some companies who say, "here's how you do it." >> reporter: carly started working for patagonia in 1997 as a sales associate. did you think you'd be working here mo

decades and i know promotions as well as equal pay for equal work now led by former wal-mart employee betty dukes the suit stands to put more than one million employees against the largest public corporation in the world so what's at stake for the program art course you know one billion dollars that's billion with a b. and it fit for the female employees well we're going to get to that in just a bit now more than twenty different companies files for papers in support of wal-mart including some familiar names on the tax dodging job outsourcing scene and talking about g.e. and bank of america to name a few but given the fact that this supreme court has a track record of preventing big business and favoring big business to the women of wal-mart even have a chance joining me now to discuss from new york is erika pain she is the founder and president of the agenda project and here in studio is sabrina schaper senior fellow at the independent women's forum ladies thank you so much for being here. i want to start with you broadly speaking in your view what is at stake for women the women of america in t

this stems from a lawsuit that started here in the bay fault by betty dukes who readwas a greater. >> reporter: new affirmation we are seeing the worst on rest. the president has accepted the resignation following a meeting on tuesday. this resignation is the latest concession by the government that is trying to appease a week of mass protest. this is pro government demonstration that was happening earlier. the president is expected to address the nation in the next 24 hours announcing the end too harsh restrictions on civil liberties and political freedom. >> darya: 60 a day and we will be back with more of a couple of minutes. a live look at san jose. 1 01 southbound is all jammed up. [ coach ] in albuquerque, citi pre-approved my mortgage. [ whistle blows ] all right, layups, guys. let's go. in sioux falls, i locked in a rate. coach, you get that house yet? working on it. [ coach ] the appraisal? ...springfield. wherever i was, my citi mortgage consultant had me covered. [ crowd cheering ] and 500 miles from home... [ cheering, cellphone beeps ] ...we finally had a new home. [ male

in support of plaintiff betty duke. they say wal-mart and its sam club stores routinely paid women less than men and awarded promotions to men rather than women. >> we have filed a lawsuit since 2001. i have heard from numerous women telling me basically the same story as mine. >> reporter: today the supreme court heard arguments about whether the case should go forward as a class action lawsuit that could involve more than 1 million women. if it does proceed it would be the largest such case in history. wal-mart denies the allegations. >>> levi strauss has agreed to pay $1 million of back wages to almost 600 employees. the company had misclassified workers as exempt from over time. workers were required to work off the clock late at night or early in the morning. a levi strauss spokeswoman called the rules complex. >>> baseball's giambi brothers took the witness stand in san francisco today. as ktvu's rita williams report, jason and jeremy giambi testified about their own use of performing enhancing drugs. >> the giamb

in support of plaintiff betty duke. they say wal-mart and its sam club stores routinely paid women less than men and awarded promotions to men rather than women. >> we have filed a lawsuit since 2001. i have heard from numerous women telling me basically the same story as mine. >> reporter: today the supreme court heard arguments about whether the case should go forward as a class action lawsuit that could involve more than 1 million women. if it does proceed it would be the largest such case in history. wal-mart denies the allegations. >>> levi strauss has agreed to pay $1 million of back wages to almost 600 employees. the company had misclassified workers as exempt from over time. workers were required to work off the clock late at night or early in the morning. a levi strauss spokeswoman called the rules complex. >>> baseball's giambi brothers took the witness stand in san francisco today. as ktvu's rita williams report, jason and jeremy giambi testified about their own use of performing enhancing drugs. >> the giamb

and we also expect to hear either before or after the opening arguments from betty duke. she is the initial plaintiff in the case who started this lawsuit as you know back in california in 2001. back to you guys. >>> well, after more than 20 years in prison, 43-year-old maurice caldwell is waking audiotape free man this morning. yesterday at 5:00 caldwell was released from the san francisco county jail after a judge overturned his murder conviction. now he was convicted of second- degree murder for the shooting death back in june of 1990. now after two decades in jail, a nevada prison inmate has confessed to that crime and more witnesses have come forward. >> i feel bad, you know what i'm saying for their loss. after all these years they thought they had justice but it wasn't. unserved justice. still unserved justice. >> prosecutors in the case were hoping for a retrial. but some of the original evidence has been destroyed by the courts. as for maurice, he says he's just anxious to finally move on with his life. >>> time now 6:47. moving onto sal to get you where you need

it started ten years ago when betty dukes complained that walmart was giving men bigger salaries andhan women. >> it was very dishearteningening to know that you could barely put food on your and i believe, there's no opportunities for you to really move ahead. >> reporter: dukes was hired in 1994 as a cashier and said she repeatedly saw less experienced male co-workers beat her out of jobs or get more money for doing the same work. so she and six other women sued walmart for sex discrimination. and their lawyers upped the ante. they said the complaints were part of a company-wide system of discrimination against women, so they asked on turn the case into a massive class action lawsuit involving upwards of a million current and former female employees. >> just one woman suing walmart cannot possibly have the resources and make the difference that having the women stand together can. when the women stand together, you can see the patterns of discrimination that are would holding so many of them back. >> reporter: walmart says it doesn't discriminate and that these women don't represen

. >> reporter: betty dukes, one of the women trying to bring this case on behalf of so many others, wasus, the fight has just begun. it's just begun. >> reporter: this court has generally been a pro-business court and so it will be a real uphill fight for the women who brought this case to win it, even with three women justices. terry moran, abc news, new york. >>> just days after an air traffic controller in washington admitted to sleeping on the job, there is yet another controversy in the skies. in central florida an air traffic supervisor has now been suspended after a southwest airlines jet and a small plane flew too close to each other. faa investigators say the suspended supervisor had asked that southwest crew for help in looking for a private plane that had been out of radio contact for about an hour. the faa says the planes were dangerously close but will not say just how close they really were. >>> also, the fbi is trying to figure out how a bullet hole got in the fuselage of a us airways plane. a pilot noticed the hole monday during a preflight inspection at the charlotte, n

dukes. in the ann jones if you can't and that is a really important thing going forward for the women who may have suffered greater discrimination than betty. the other issue i want to address very quickly is the other thing the court is addressing primarily in the that is the issue of what is called commonality. that is in the rule 23 a. there are four things everybody has to demonstrate to want to have a class certified. morosity. we have one pond 6 million women here. it's not an issue. nobody's arguing this one. commonality is the second one and the question is if you have an issue that is common to every one is that enough? ordinarily, commonalities and lobar to meet but it's not so low that it doesn't exist. we can define people in such a way that no matter how we define them they have a common issue we can simply ask did what treat all these people like human beings? it's a common question that the problem is the answer to that question is it going to take you very far in the litigation to prove discrimination from that point forward you still have to prove how it was wal-mart treated you in humanely. in this case we are not far awa