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Coughlin may testify again in Wal-Mart bias case

SOUTHFIELD, Michigan (Bloomberg) — Former Wal-Mart Stores Inc. vice-chairman Thomas M. Coughlin, who pleaded guilty to federal charges of stealing from the company, was ordered by a judge to testify again in a lawsuit claiming bias against women.Attorneys for the women said they needed to immediately interview Coughlin, who was sentenced to house arrest because of health problems, in case his declining condition rendered him unavailable for a future trial. Coughlin testified previously in the case.

US District Judge Martin Jenkins in San Francisco said at a hearing yesterday that he would allow a new deposition, over Wal-Mart’s objections.

The suit, which seeks to represent as many as two million current and former workers at Wal-Mart and Sam’s Club stores, claims the company paid women less and gave them fewer promotions. The pre-trial gathering of evidence, known as discovery, has been delayed while Bentonville, Arkansas-based Wal-Mart, the world’s largest retailer, appeals a decision giving the women the right to sue as a group.

“Coughlin held positions that were central to the issues in this case,” said attorney Joseph Sellers, who represents the women. “It was apparent at his sentencing hearing that his health is very precarious.”

Wal-Mart won’t appeal the decision allowing a new Coughlin deposition, company spokesman John Simley said.