PROCESSING THE EXPLOSION IN TITLE 7 CLASS ACTION SUITS ACHIEVING INCREASED COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 23(A)

• NCJ Number: 58730
• Journal: William and Mary Law Review Volume: 19 Issue: 3 Dated: (SPRING 1978) Pages: 469-518
• Author(s): E K SHAWE
• Date Published: 1978
• Length: 48 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

FOCUSING ON CLASS ACTION LAW SUITS ALLEGING VIOLATIONS OF TITLE II OF THE CIVIL RIGHTS ACT, THIS ARTICLE EXAMINES HOW THE COURTS RECONCILE THE REMEDIAL GOALS OF TITLE VII SUITS WITH FEDERAL OF CIVIL PROCEDURE 23(A).

Abstract

RULE 23(A) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE CONTAINS FOUR PREREQUISITES TO CLASS ACTION SUITS--NUMEROSITY, COMMONALITY, TYPICALITY, AND ADEQUACY OF REPRESENTATION--AND WHEN A CLASS ACTION SUIT IS INITIATED IN FEDERAL COURT, THE COURT MUST MEASURE THE CLAIMS OF THE PLAINTIFF AGAINST THESE REQUIREMENTS, DENYING CLASS CERTIFICATION TO THE SUIT UNLESS EACH FACET OF 23(A) IS SATISFIED. HOWEVER, FACED WITH THE CONFLICT BETWEEN THE CIVIL RIGHTS ACT'S BROAD GOAL OF ELIMINATING EMPLOYMENT DISCRIMINATION AND 23(A)'S POLICY OF PROTECTING UNREPRESENTED, UNNAMED PERSONS AGAINST POTENTIAL JUDICIAL CONSEQUENCES, MANY COURTS HAVE RELAXED THE FEDERAL PROCEDURAL REQUIREMENTS TO FACILITATE REDRESS OF TITLE VII VIOLATIONS. MORE RECENTLY, HOWEVER, THE FOURTH CIRCUIT COURT OF APPEALS AND SEVERAL OTHER COURTS HAVE REGARDED ACROSS-THE-BOARD ALLEGATIONS WITH SUSPICION AND HAVE BEGUN TO APPLY MORE STRICTLY 23(A)'S INDIVIDUAL REQUIREMENTS IN TITLE VII LITIGATION. ALTHOUGH THE EXTENT OF THESE STRICTER INTERPRETATIONS NECESSARILY WILL BE DETERMINED ON AN AD HOC BASIS, SOME AGREEMENT EXISTS THAT SUCH FACTORS AS PLAINTIFFS' UNIQUE EMPLOYMENT STATUS, THEIR SEPARATE GEOGRAPHIC LOCATION, THEIR TENUOUS RELATIONSHIP WITH EMPLOYEES IN OTHER DEPARTMENTS, THE REMOTENESS IN TIME OF THEIR COMPLAINT IN RELATION TO THOSE OF OTHER EMPLOYEES, OR THE PECULIAR NATURE OF THEIR TITLE VII CLAIMS TEND TO UNDERMINE THE ABILITY OF ANY GROUP OF PERSONS TO REPRESENT A CLASS ADEQUATELY. ALTHOUGH JUDICIAL ANALYSES HAVE LIMITED BLIND APPLICATIONS OF THE ACROSS-THE-BOARD APPROACH, THEY HAVE NOT DECISIONS HAVE WARNED PROSPECTIVE PLAINTIFFS THAT BROAD ALLEGATIONS OF EMPLOYMENT DISCRIMINATION ARE INSUFFICIENT TO ACHIEVE CLASS ACTION CERTIFICATION, WHICH WILL BE GRANTED ONLY AFTER A COURT SPECIFICALLY HAS DETERMINED THAT A PROPOSED SUIT SATISFIED ALL OF THE REQUIREMENTS OF 23(A).