The Wal-Mart case is the largest civil rights class-action lawsuit in US history, started in 2011. It was jointly filed by more than million female Walmart employees, representing all women who worked at Walmart between 1998 to 2011, alleging that Walmart engaged in gender discrimination on pay and promotions. In June 2011, the Supreme court ruled to terminate the class-action lawsuit, in which the employee failed to win the lawsuit.

Commonality means that the entire class must share common questions of law or fact. The Supreme Court held that a class action requires not only a common question, but also a common solution. However, these female employees were scattered across different stores nationwide. They were not denied promotions or raises, nor subjected to insults, by the same manager at the same store. They also maintain that the acts of gender discrimination were spontaneous actions by individual employees, rather than a policy of Walmart. Therefore, the Supreme Court could not provide a common solution to their claims.