Two multi-plaintiff gender discrimination suits against Walmart Stores Inc. in the Southern District of Florida have been ordered to be split to tailor to individual claimants.

U.S. District Judge Robert Scola Jr. issued identical orders on Friday in two lawsuits brought against the company by current and former female employees. Scola granted Walmart's motions to sever the cases and held that “proceeding with this case in its current form would be burdensome for the court and the defendant.”

“The defendant moves for severance arguing that the plaintiffs' claims are 'so individualized that they necessarily implicate different witnesses whose testimony relates only to their unique claims,' ” the judge wrote, noting the plaintiffs “ worked at different stores, in different positions, during different time periods, under different policies, and under different supervisors.”

Scola's order directs the clerk to open individualized cases in the Southern District of Florida for each plaintiff, with the corresponding original lawsuit serving as the first docket entry. The judge also provided a timeline for the 79 collective plaintiffs to file amended complaints with the court, beginning with last names starting with A, B, or C due July 31.

The two cases, Radtka v. Walmart Stores and Price, v. Walmart Stores, were filed in the Southern District of Florida in February. The plaintiffs in Price alleged they were paid less than their male counterparts while working at Walmart stores, while the claimants in Radtka contended they were unfairly compensated and overlooked for promotions because of their sex.

Both complaints charge Walmart with violating multiple provisions of Title VII of the Civil Rights Act of 1964, which outlaws employment discrimination based on race, color, national origin, sex and religion.

Walmart spokesperson Randy Hargrove told the Daily Business Review the company is “pleased the court ended yet another attempt by these lawyers to group dozens of plaintiffs into one suit against us.”

“As we have said, if these plaintiffs believe they have been treated unfairly, they deserve to have their timely, individual claims heard in court — but not in some package the law does not recognize,” Hargrove said in a statement. “The court has laid out a process where each plaintiff can file an individual complaint to hear allegations that are more than 15 years-old. We will thoughtfully address each case as we continue to defend the company.”

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Read Scola's Radtka order:

Employment and civil rights attorney Cathleen Scott is one of the lawyers representing the Price and Radtka plaintiffs. The Scott Wagner and Associates managing partner has represented clients in other gender discrimination suits against Walmart and said that although the Price and Radtka litigants claims were filed together for “judicial economy,” she and her co-counsel intend to proceed with all 79 cases.

“We've been fighting for these women for a decade and we don't plan on stopping anytime soon,” she said. ”It also means instead of taking one deposition of Walmart's corporate representative we're going to take 79 depositions of their corporate representative, so we're going to make good use of our time and resources.”

Scott said the first step will be filing amended complaints tailored to each plaintiff's personalized claims against the retail giant. She admitted the litigation ahead will present a “tall order” for her clients and herself.

“Equal pay is still an issue … and it's a wrong that needs to be righted,” she said.

Scott said she's spoken to “hundreds, if not thousands of women” who've worked at Walmart stores across the country and share similar stories of being denied the same compensation and advancement opportunities as male employees.

“I understand Walmart's goal is to delay this because justice delayed is justice denied in some cases,” Scott said. ”Their stories deserve to be told, and we're going to fight until they get to be told. This is why you become a civil rights lawyer. The road is not easy but it's a worthy one.”

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