Jarvaise v. Rand Corp.

212 F.R.D. 1, 2002 U.S. Dist. LEXIS 6096, 2002 WL 31831511
CourtDistrict Court, District of Columbia
DecidedFebruary 19, 2002
DocketNo. Civ.A. 96-2680(RWR)
StatusPublished
Cited by13 cases

This text of 212 F.R.D. 1 (Jarvaise v. Rand Corp.) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jarvaise v. Rand Corp., 212 F.R.D. 1, 2002 U.S. Dist. LEXIS 6096, 2002 WL 31831511 (D.D.C. 2002).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERTS, District Judge.

Plaintiffs filed this employment discrimination case against Rand Corporation (“Rand”) on their own behalf and seeking to represent a limited class of female Rand employees. Plaintiffs allege that Rand had a pattern and practice of paying female employees less than male employees. Plaintiffs have established the minimum prerequisites for a class action under Federal Rule of Civil Procedure 23(a). Plaintiffs have also shown that the questions of law and fact common to the members of the class predominate over questions affecting only individual members and that a class action is superior to other available methods for the fair and efficient adjudication of this matter. As a result, plaintiffs’ request for class certification under Rule 23(b)(3) and to maintain their Equal Pay Act claim as a collective action will be granted.

BACKGROUND

Plaintiffs are three women who were previously employed by Rand. Jeanne Jarvaise worked first at the Rand office in California and later at the Rand office in Washington, D.C. Monica Pinto worked at the Washington, D.C. office, and Ruth Berg worked at the California office. Plaintiffs allege that Rand discriminated against its female employees by engaging in a pattern or practice of paying females less than males. Plaintiffs allege that Rand’s pay disparity violated Title VII, 42 U.S.C. § 2000e et seq. (West 2000) and the Equal Pay Act, 29 U.S.C. § 206(d)(1). Plaintiffs also allege that Rand violated the employment discrimination laws of the District of Columbia and California. Plaintiffs seek back pay, costs, and attorneys’ fees.

DISCUSSION

I. Class Certification

In order to obtain class certification, plaintiffs bear the burden of establishing the four prerequisites of Rule 23(a) of the Federal Rules of Civil Procedure and of showing that the case falls within at least one of the three categories of Federal Rule 23(b). Pigford v. Glickman, 182 F.R.D. 341, 345 (D.D.C.1998) [3]*3(citing Hartman v. Duffey, 19 F.3d 1459, 1468 (D.C.Cir.1994); Franklin v. Barry, 909 F.Supp. 21, 30 (D.D.C.1995)).

A. RULE 23(a) PREREQUISITES

Rule 23(a) sets forth the plaintiffs’ obligation to demonstrate that (1) the class is so numerous that joinder of all members is impracticable (“numerosity”); (2) there are questions of law or fact common to the class (“commonality”); (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class (“typicality”); and (4) the representative parties will fairly and adequately protect the interests of the class (“adequacy of representation”). Fed.R.Civ.P. 23(a); id. “Traditionally, commonality refers to the group characteristics of the class as a whole, while typicality refers to the individual characteristics of the named plaintiff in relation to the class.” Piazza v. Ebsco Industries, Inc., 273 F.3d 1341, 1346 (11th Cir.2001).

“No minimum number of plaintiffs is required to maintain a suit as a class action, but generally if the named plaintiff demonstrates that the potential number of plaintiffs exceeds 40, the first prong of Rule 23(a) has been met.” Stewart v. Abraham, 275 F.3d 220, 226-27 (3d Cir.2001). Plaintiffs have presented evidence from records produced by defendant which shows that the proposed class includes approximately 260 women. Approximately 215 of the class members worked in California and 45 worked in the District of Columbia. Because the number of class members is somewhat large and because the class members are not located in a confined geographical area, joinder of all class members would be impracticable and the numerosity requirement is satisfied.

“The commonality test is met where there is at least one issue, the resolution of which will affect all or a significant number of the putative class members.” See Lightbourn v. County of El Paso, 118 F.3d 421, 426 (5th Cir.1997), cert. denied, 522 U.S. 1052, 118 S.Ct. 700, 139 L.Ed.2d 643 (1998). Plaintiffs are not required to show that there is commonality on every factual and legal issue. See Pigford, 182 F.R.D. at 348 (citing Franklin v. Barry, 909 F.Supp. at 30). In this case, plaintiffs rely on statistical evidence to establish that Rand had a system-wide practice of paying female employees less than male employees. Whether plaintiffs’ statistical evidence establishes sex discrimination is ,an issue common to the claims of all the putative class members.1 Plaintiffs have satisfied the commonality requirement.

The typicality prerequisite is intended to assess whether the dispute can be effectively maintained as a class action and whether the named plaintiffs have incentives that are consistent with those of the other class members such that the members’ interests will be fully and fairly represented. Pigford v. Glickman, 182 F.R.D. 341, 349 (D.D.C.1998). The requirement “is satisfied if each class member’s claim arises from the same course of events that led to the claims of the representative parties and each class member makes similar legal arguments to prove the defendant’s liability.” Id. The sex discrimination claim of each member of the putative class arises from the same alleged pattern and practice of pay disparity asserted by the class representatives. Each class member’s claim is dependent upon the same legal arguments and statistical evidence. Plaintiffs have satisfied the typicality requirement for class certification.

The final element of Rule 23(a) involves an inquiry into the adequacy of representation, including the quality of class counsel, any disparity of interest between class representatives and members of the class, communication between class counsel and the class, and the overall context of the litigation. Pigford, 182 F.R.D. at 350 (citing Twelve John Does v. District of Columbia, 117 F.3d 571, 575 (D.C.Cir.1997)). The quality of class counsel is unchallenged, and the interest and persistence of the named plaintiffs cannot be [4]*4questioned in light of their prolonged prosecution of this case. The interests of the class representatives and the employees they seek to represent are consistent. Although the named plaintiffs have severely restricted the time period of the proposed class definition and have eliminated many of the claims and requests for relief, there is no basis for a finding that they do not adequately represent the proposed class as it is now defined.

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Bluebook (online)
212 F.R.D. 1, 2002 U.S. Dist. LEXIS 6096, 2002 WL 31831511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarvaise-v-rand-corp-dcd-2002.