Hnot v. Willis Group Holdings Ltd.

228 F.R.D. 476, 2005 U.S. Dist. LEXIS 4416, 95 Fair Empl. Prac. Cas. (BNA) 851, 2005 WL 659475
CourtDistrict Court, S.D. New York
DecidedMarch 21, 2005
DocketNo. 01 Civ. 6558(GEL)
StatusPublished
Cited by13 cases

This text of 228 F.R.D. 476 (Hnot v. Willis Group Holdings Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hnot v. Willis Group Holdings Ltd., 228 F.R.D. 476, 2005 U.S. Dist. LEXIS 4416, 95 Fair Empl. Prac. Cas. (BNA) 851, 2005 WL 659475 (S.D.N.Y. 2005).

Opinion

OPINION AND ORDER

LYNCH, District Judge.

High-level female employees at Willis Group Holdings Ltd. (‘Willis”) bring this gender discrimination suit, challenging the terms and conditions of their employment. In an Opinion and Order dated September 25, 2002, this Court denied a motion to compel nationwide discovery, and this action was subsequently limited to Willis’s Northeast region. Plaintiffs have now moved for class certification pursuant to Federal Rule of Civil Procedure 23, seeking to certify a class of current and past female officers, and female employees eligible to receive officer titles. (P. Mem.2.) Defendants oppose class certification, primarily arguing that plaintiffs fail to identify an ascertainable class or to meet the commonality requirement of Rule 23(a). For the reasons stated below, the motion for class certification will be granted.

BACKGROUND

The named plaintiffs, Shelley Hnot and Heidi Scheller, allege a pattern and practice of gender discrimination by their employer, Willis, a global insurance brokerage company. Specifically, they contend that Willis delegates substantial authority regarding promotion and compensation decisions to re[480]*480gional and local officers, leading to inequitable consequences for women at Willis. Defendants contest plaintiffs’ characterization of decisionmaking in the company, and,dispute plaintiffs’ evidence of discriminatory intent or impact.

Willis North America’s headquarters are located in Nashville, Tennessee. (D.Mem.2.) Willis is organized into several regional divisions, each headed by a Regional Executive Officer (REO). (D.Mem.3.) Each regional division is comprised of four to six local offices. (Id.) For example, the Northeast region is comprised of local offices in New York, New Jersey, Connecticut, Massachusetts, Pennsylvania, and New Hampshire. (D.Mem.4.) Each local office is led by a Chief Executive Officer (CEO). (D.Mem.3.) Local offices vary in structure, with some utilizing a team structure. (D.Mem.4.) In the Northeast region, a limited number of officials occupy key decisionmaking roles.1

Plaintiffs challenge alleged gender discrimination related to compensation and promotion at Willis. Plaintiffs and defendants dispute how these decisions are made. Plaintiffs contend that Willis had a policy of vesting its regional and local officers with “unfettered discretion” on these matters. (D.Mem.7.) They claim that there were no written policies for awarding officer titles (P. Mem.7), and that generally, there were few or no guidelines or criteria for determining salary or bonuses. (D.Mem.8-14.) Plaintiffs’ expert, Dr. Mark R. Killingsworth, Ph. D., provided statistical analyses stating that women were statistically significantly adversely affected in compensation and promotions. (D.Mem.15.)

Defendants, in contrast, assert that compensation and promotion decisions were subject to multiple layers of review. (D.Mem.2, 5.) Defendants also provide their own expert report by Dr. Joan Gustafson Haworth, Ph.D. Dr. Haworth disputes plaintiffs’ statistical evidence, arguing that Dr. Killings-worth’s reports fail to support class certification due to faulty methods. (D.Mem.16.)

Plaintiffs are high-level female employees who work in the Northeast region. They seek to represent a class including females of officer rank, and officer-level equivalents. An officer holds an officer title, such as Assistant Vice President, Vice President, or Senior Vice President. (D.Mem.13.) Officer titles are awarded to certain senior employees, but the designation does not necessarily affect compensation. (P.Mem.6.) All employees, including these high-level employees, hold functional job titles, such as “Account Executive,” “Account Manager,” or “Assistant Account Manager,” that describe their role (and compensation) more accurately. (P.Mem.6.) After extensive discovery, plaintiffs move for certification of a class consisting of “all current and former female employees who have been employed by the defendants in positions eligible for the award of officer titles” between 1998 and 2001. (P.Mem.2.) These individuals hold positions at “officer-level or equivalent.” (P.Mem.7.)

DISCUSSION

I. Standard For Class Certification

To obtain class certification, plaintiffs must demonstrate that the class meets the express requirements of Rule 23(a), known as numerosity, commonality, typicality, and adequacy, and of one of the subsections of Rule 23(b). In re Visa Check/MasterMoney Antitrust Litig., 280 F.3d 124, 132-33 (2d Cir.2001). Plaintiffs must also show that the class meets the implicit threshold requirement of ascertainability. Dunnigan v. Metro. Life Ins. Co., 214 F.R.D. 125, 135 (S.D.N.Y.2003).

Plaintiffs have the burden of establishing that the class satisfies all requirements. Gen. Tel. Co. v. Falcon, 457 U.S. 147, 156, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). District courts must conduct a “rigorous analysis” of the Rule 23 requirements, which [481]*481may require the court to probe behind the pleadings. Id. at 160-61, 102 S.Ct. 2364. However, courts are not required to make a preliminary inquiry into the merits of a case in order to determine whether it may be maintained as a class action. Eisen v. Car-lisle & Jacquelin, 417 U.S. 156, 177-78, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974); Caridad v. Metro-North Commuter R.R., 191 F.3d 283, 291 (2d Cir.1999). While a court may rely on both anecdotal and statistical evidence in the form of expert opinions, documents, affidavits, or uncontested allegations of the complaint, it should not weigh competing evidence at this stage of litigation. Caridad, 191 F.3d at 292. See also In re Visa Check, 280 F.3d at 135 (“The question for the district court at the class certification stage is whether plaintiffs’ ... evidence is sufficient to demonstrate common questions of fact warranting certification of the proposed class, not whether the evidence will ultimately be persuasive.”).

II. Rule 23(a) Requirements

A. Ascertamability

The requirement of aseertainability, though not expressly mentioned in Rule 23, is fundamental. The class that plaintiffs seek to certify must be readily identifiable so that the court can determine who is in the class, and thus, who is bound by the ruling. See Dunnigan, 214 F.R.D. at 135 (“Plaintiffs must ... demonstrate that the aggrieved class can be readily identified.”); People United for Children, Inc. v. City of New York, 214 F.R.D. 252, 256 (S.D.N.Y.2003) (noting that courts should ensure that the class definition is precise, objective, and presently ascertainable). A class is ascertainable when defined by objective criteria that are administratively feasible, without a subjective determination. Dunnigan, 214 F.R.D. at 135; Fears v. Wilhelmina Model Agency, 02 Civ. 4911 HB, 2003 WL 21659373, at *2 (S.D.N.Y.

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228 F.R.D. 476, 2005 U.S. Dist. LEXIS 4416, 95 Fair Empl. Prac. Cas. (BNA) 851, 2005 WL 659475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hnot-v-willis-group-holdings-ltd-nysd-2005.