Duskin v. Department of Human Services

848 N.W.2d 455, 304 Mich. App. 645
CourtMichigan Court of Appeals
DecidedApril 1, 2014
DocketDocket No. 310353
StatusPublished
Cited by10 cases

This text of 848 N.W.2d 455 (Duskin v. Department of Human Services) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duskin v. Department of Human Services, 848 N.W.2d 455, 304 Mich. App. 645 (Mich. Ct. App. 2014).

Opinions

PER CURIAM.

Defendant, Department of Human Services (the Department or the DHS), appeals by leave granted the trial court’s order denying its motion for summary disposition and certifying a class of plaintiffs who are males of African-American, Hispanic, Arab, and Asian racial and ethnic backgrounds who work for the Department (the minority males). Because the minority males have not established the requirements of class certification, we reverse.

I. FACTS

A. FACTUAL BACKGROUND

This Court summarized the background facts of this case in our previous opinion:

[648]*648In this disparate treatment, employment discrimination suit, plaintiffs allege discrimination based on race, ethnicity, and gender in promotions to supervisory and management positions. The proposed class is comprised of all “minority” male employees of the DHS, including 616 African-American, Hispanic, Arab, and Asian males in various departments and offices throughout the state.[1] Plaintiffs maintain that, since 2003, fewer minority males have been promoted within the DHS to the positions of program manager, district manager, county director, and first line supervisor because of “department wide cultural deficiencies regarding minority males.” According to plaintiffs, these deficiencies include: ineffective communication with minority males; a failure to neutrally and consistently apply promotional policies, criteria, and procedures; a real or perceived preference for the promotion of nonminority male or female candidates; a failure to recruit or appoint minority males to the DHS leadership academy [an employee training program] and supervisory positions; and a failure to hold accountable and train managers about promoting and working with minority males. Plaintiffs assert that some of the plaintiffs applied for and were denied promotions or training opportunities for which they were qualified and some of the plaintiffs were “too discouraged to apply” for promotions “due to [their] frustration with some of [the Department’s] supervisory and management employees’ discriminatory attitudes and practices involving racial and gender bias directed against minority males ....”
On the basis of the above grounds, plaintiffs allege that the DHS violated the equal protection and antidiscrimination clause of Const 1963, art 1, § 2, and the Civil Rights Act, MCL 37.2101 et seq. Plaintiffs asked the trial court to enter a permanent injunction to stop discrimination against minority male employees, to order the DHS to promote minority male employees to positions that were denied them, and to provide monetary compensation for promotional opportunities withheld from class members.

[649]*649In support of their claims, plaintiffs largely rely on an internal memo authored by DHS Chief Deputy Director Laura Champagne, dated January 5, 2006. The memo provides, in part:

The Office of Equal Opportunity and Diversity Programs (EODP) is currently undertaking a series of ease studies. These case studies will look at identifying barriers that specific groups of employees may have in either applying for or being successful in being promoted into District Manager, County Director, Section Manager, and first line FIM or Services supervisor positions. The first part of the study will focus on the impact on minority males in the department for the above named positions.

On the basis of data collected from the DHS leadership academy, hiring data, and information gathered through a focus group, the memo cites its “major finding” as follows: “A disparity exists in minority males being promoted into upper management positions, more specifically program manager, district manager, county director and first line supervisory positions throughout the Department.” The recommendations to correct the problem include: providing applicants with more information about screening criteria and job requirements; facilitating access to position postings; expanding interview training; requiring department-wide consistency in application submission requirements, screening criteria, and hiring policies; preventing “working out of class” candidates from competing for positions; requiring diversity on interviewing panels; and implementing targeted recruiting for the leadership academy.[2]

B. PROCEDURAL HISTORY

The minority males filed their complaint on May 24, 2006, and moved to certify their class on January 8, 2007. The Department responded that the minority males had failed to satisfy requirements for class certi[650]*650fication under MCR 3.501(A)(1). The trial court granted the minority males’ motion for class certification.

Applying a “rigorous analysis” standard, a panel of this Court reversed the trial court’s certification decision on the basis that the minority males had not established the numerosity, commonality, typicality, adequacy, or superiority requirements of MCL 3.501(A)(1).3 The minority males applied for leave to appeal this Court’s decision in the Michigan Supreme Court.4 After this Court’s decision, the Michigan Supreme Court in Henry v Dow Chem Co specifically rejected the rigorous-analysis standard.5 In lieu of granting leave to appeal, the Michigan Supreme Court vacated this Court’s decision and remanded this case to the trial court for reconsideration in light of its decision in Henry.6

After remand, the Department moved for summary disposition. The minority males moved for class certification. The trial court denied the Department’s motion for summary disposition and certified the minority males’ class in a detailed opinion.

In support of its decision to certify, the trial court found that the minority males established numerosity because, while not all class members had applied for promotions, all class members had “an interest in making sure that they are not discriminated against if they do.” The trial court found that the minority males had established commonality because the Department’s culture of discrimination was the predominant question of fact and law. It found that the minority males established typicality because, while some members [651]*651may have applied for the same promotions, all class members “allegedly share the same fear of being discriminated against.” The trial court also found that, while the named plaintiffs had different levels of training and education, they were all denied potential advancement when the Department denied their Leadership Academy selection. The trial court determined that the minority males had established adequacy on the basis that any potential conflict between the named plaintiffs and other class members were mitigated by their common interest in ending discrimination. The trial court found that the minority males established superiority because “the consolidations of numerous similar claims and the resulting consistent adjudications” was superior to individual determinations.

II. CLASS CERTIFICATION

A. STANDARD OF REVIEW

We review de novo the proper interpretation and application of a court rule.7

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Cite This Page — Counsel Stack

Bluebook (online)
848 N.W.2d 455, 304 Mich. App. 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duskin-v-department-of-human-services-michctapp-2014.