Doe v. First City Bancorporation of Texas, Inc.

81 F.R.D. 562, 1978 U.S. Dist. LEXIS 14772, 18 Empl. Prac. Dec. (CCH) 8754, 18 Fair Empl. Prac. Cas. (BNA) 481
CourtDistrict Court, S.D. Texas
DecidedOctober 24, 1978
DocketCiv. A. No. 75-H-1191
StatusPublished
Cited by5 cases

This text of 81 F.R.D. 562 (Doe v. First City Bancorporation of Texas, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. First City Bancorporation of Texas, Inc., 81 F.R.D. 562, 1978 U.S. Dist. LEXIS 14772, 18 Empl. Prac. Dec. (CCH) 8754, 18 Fair Empl. Prac. Cas. (BNA) 481 (S.D. Tex. 1978).

Opinion

MEMORANDUM AND ORDER

SINGLETON, District Judge.

Plaintiffs Jane Doe and .Sally Roe, seeking to represent a class of similarly situated women, have instituted this action for in-junctive relief and damages pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., against First City Bancorporation of Texas, Inc. (Bancorporation) and ten member banks of that bank holding company, including First City National Bank of Houston (FCNB).1

On or about October 31, 1974, plaintiffs caused to be filed in their behalf a third party complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination on the basis of sex with regard to terms and conditions of employment. The EEOC issued “Right-to-Sue” letters on or about May 7, 1975 and June 25, 1975 and plaintiffs instituted this action within the statutory ninety-day period oh July 8, 1975.

Before the court is the plaintiffs’ motion for certification of this action as a class action. Following extensive discovery on the issue, the parties have submitted ample evidence through deposition testimony, exhibits, and interrogatories as well as briefs and memoranda of law to enable the court to determine whether this case comports with the requirements of Rule 23, Federal Rules of Civil Procedure.

The basic requirements for a class action are set out in Rule 23(a) as follows:

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Plaintiffs seek to have the class certified pursuant to Rule 23(b)(2) and therefore must also satisfy the following requirements:

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of sub-division (a) are satisfied, and in addition:
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole .

The burden is on the plaintiffs in this case to establish their right to maintain the action as a class action: East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 97 S.Ct. 1891, 52 L.Ed.2d 453 (1977); EEOC v. D. H. Holmes Co., 556 F.2d 787 (5th Cir. 1977). The class which plaintiffs seek to represent is composed as follows:

(a) all current female employees of all defendants;
(b) all future female employees of all defendants;
(c) all former female employees of all defendants who left defendants employ on or after May 3, 1974 (180 days prior to the date the EEOC charge was filed);
(d) future female applicants of all defendants;
(e) former unsuccessful female applicants of all defendants who were rejected for employment on or after May 3, 1974.

[565]*565 The Plaintiffs

Plaintiff Jane Doe is currently employed by FCNB and has been on leave of absence to complete law school for over a year. She was first employed by FCNB in March, 1973, with the title of Municipal Bonds Trading Assistant. Ms. Doe testified at her deposition that her job duties were mostly clerical including typing and filing. At the time of her employment she was a college graduate. Though Ms. Doe’s job title remained the same, her job description changed in that she gradually ceased doing clerical work and by November 15, 1974, had moved into an exempt2 position. While in that position an employee was hired and was supervised by Ms. Doe to perform clerical functions while Ms. Doe assumed responsibilities for underwriting and greater customer contact. On January 1, 1976, Ms. Doe was promoted to her present position as an officer of the bank. Ms. Doe has never applied for employment at any other defendant bank or at Bancor-poration. As of the time of her deposition Ms. Doe’s future employment plans were not certain and she did not indicate whether or not she intends to return to her position or any position at FCNB.

Ms. Doe claims that she has been discriminated against in the following manner:

. the defendants treated her less favorably than similarly qualified male employees because of her sex in several ways including but not limited to initial job placement, rate of initial pay, denial of increases in pay, assignment of title, assignment of initial employee classification, denial of special training and on-the-job opportunities, assignment of furniture, assignment of duties and responsibilities, and exclusion from several department functions, meetings and activities.

Plaintiff’s Memorandum in Support of Class Certification, at 5

Plaintiff Sally Roe was first employed by FCNB in a clerical position on June 4,1973. She was a high school graduate at the time of her employment and remained a non-exempt employee until she voluntarily terminated her employment with FCNB in December, 1974. In the summer of 1974, while still employed at FCNB she was an unsuccessful applicant for a position at Executive National Bank, one of the defendant member banks named in this lawsuit. Ms. Roe was next employed by a non-member bank for one and one-half years after which she completed a course in floral design in August, 1976. As of the date of her deposition she stated she was not interested in reemployment with FCNB.

Ms. Roe’s claims against the defendants include the following:

. the defendants treated her less favorably than males similarly situated and qualified because of her sex in that the defendants, among other things, paid her lower initial wages, denied her increases in pay to match increased responsibilities, assigned her demeaning tasks and assigned essentially secretarial duties to her that were never assigned to males similarly situated.

Plaintiffs’ Memorandum in Support of Class Certification, at 5

The Defendants

According to the deposition of Charles W. Hinton, Vice-President of Personnel for First City Bancorporation of Texas, Inc., Bancorporation owns virtually one hundred percent of the stock of all ten member banks. Hinton Deposition, at 33. Plaintiffs have alleged that incident to that ownership Bancorporation “exercises a great deal of control over the employment policies of its member banks, both through its own personnel department and through its senior management.” Plaintiffs’ Memorandum in Support of Class Certification, at 18.

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81 F.R.D. 562, 1978 U.S. Dist. LEXIS 14772, 18 Empl. Prac. Dec. (CCH) 8754, 18 Fair Empl. Prac. Cas. (BNA) 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-first-city-bancorporation-of-texas-inc-txsd-1978.