Johnson v. Montgomery County Sheriff's Department

99 F.R.D. 562, 33 Fair Empl. Prac. Cas. (BNA) 1844, 37 Fed. R. Serv. 2d 959, 1983 U.S. Dist. LEXIS 13847
CourtDistrict Court, M.D. Alabama
DecidedSeptember 12, 1983
DocketCiv. A. No. 82-717-N
StatusPublished
Cited by14 cases

This text of 99 F.R.D. 562 (Johnson v. Montgomery County Sheriff's Department) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Montgomery County Sheriff's Department, 99 F.R.D. 562, 33 Fair Empl. Prac. Cas. (BNA) 1844, 37 Fed. R. Serv. 2d 959, 1983 U.S. Dist. LEXIS 13847 (M.D. Ala. 1983).

Opinion

OPINION

MYRON H. THOMPSON, District Judge.

The plaintiff Lois Johnson has brought this cause of action charging the defendants Montgomery County Sheriff’s Department and its officials with sex discrimination in employment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000e to 2000e-17. This cause is now before the court on Johnson's request that it be maintained as a class action. Upon consideration of the allegations of the complaint, as amended, the facts provisionally found at this time, and the law, the court is of the opinion that the requirements of Fed.R.Civ.P. 23(a) and (b)(2) are satisfied and that this cause should be certified as a class.

I.

Lois Johnson, a woman, has been employed by the Montgomery County Sheriff’s Department since September 17, 1979. Although she has requested to be transferred or promoted to another position, she still works as a deputy sheriff in the Department’s jail division.

Johnson has brought this lawsuit charging the Department and its officials with discrimination against women in hiring, promotions, and transfers. She is suing on behalf of herself and a putative class composed of all past, present and future female employees of the Department and all present and future female applicants. She is seeking declaratory and injunctive relief, including back pay and frontpay, for herself and the putative class. The putative class consists of approximately 12 past female employees, 14 present female employees, 33 female applicants presently on the register of the Montgomery City-County Personnel Board, and unidentifiable future female employees and applicants.

The three primary divisions in the Sheriff’s Department are jail, civil and [564]*564criminal which employ approximately 100 deputy sheriffs and ranking officers, Present job assignments of male and female deputies by divisions are as follows:1

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The sheriff has a general policy, with a few possible exceptions, of assigning all new female deputies to the jail, of limiting the number of female deputies in the jail to six, and of promoting and transferring female deputies from the jail- only when a female applicant is hired. Furthermore, the evidence now before the court reflects that while the criteria for hiring, transfers and promotions include ability, attitude toward job, experience and seniority, there is a high degree of subjectivity in the application of the criteria. The evidence also reflects that the application of the criteria varies depending on whether the employee or applicant is male or female. Johnson alleges that the net effect of this hiring, transfer and promotion policy is discriminatory against women. More specifically, she alleges that under this policy women have been passed over while less well-qualified men have been hired, promoted or transferred to other divisions.

II.

The question of class certification is a procedural one distinct from the merits of the action. Garcia v. Gloor, 618 F.2d 264, 267 (5th Cir.1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 923, 66 L.Ed.2d 842 (1981); Huff v. N.D. Cass Co., 485 F.2d 710 (5th Cir.1973) (en banc). See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178-79, 94 S.Ct. 2140, 2152-53, 40 L.Ed.2d 732 (1974). Nevertheless, the court must “evaluate carefully the legitimacy of the named plaintiff’s plea that he is a proper class representative under Rule 23(a).” General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 160, 102 S.Ct. 2364, 2372, 72 L.Ed.2d 740 (1982). To meet the requirements for a class under Fed.R.Civ.P. 23(a) and (b)(2), the plaintiff must show numerosity of the class, typicality of the named plaintiff’s claim, commonality of questions of law or fact, and adequacy of representation.2 She must also show that the final relief requested is appropriate to the class as a whole.

I. Numerosity. The requirement of numerosity is fact-based. Judicial economy and impracticality of joinder are the key. Phillips v. Joint Legislative Committee, 637 F.2d 1014, 1022 (5th Cir.1981), cert. denied, 456 U.S. 960, 102 S.Ct. 2035, 72 L.Ed.2d 483 (1982). Johnson has identified [565]*56526 past and present employees and 33 applicants who fall within the putative class. Joinder of this large number of individual claims would be unwieldly. Moreover, when a putative class includes future applicants and employees, as in the present case, joinder is impossible; thus, if the action is to include these persons, it must be maintained as a class. Phillips, 637 F.2d at 1022; Hebert v. Monsanto Co., 576 F.2d 77, 80 (5th Cir.1978), vacated on other grounds, 580 F.2d 178 (1978); Jack v. American Linen Supply, 498 F.2d 122, 124 (5th Cir.1974). For these reasons the numerosity requirement has been satisfied.

II. Commonality and Typicality. The requirements of commonality and typicality tend to merge. Falcon, 457 U.S. at 157 n. 13, 102 S.Ct. at 2371 n. 13. To satisfy them, there must be common elements of law or fact in the class and individual claims such that the class action would be an economical way of prosecuting and defending these claims, Hebert v. Monsanto Co., 576 F.2d 77, 80 (5th Cir.), vacated on other grounds, 580 F.2d 178 (1978), and the named plaintiff’s claim and the class claims must be “so interrelated that the interests of the class members will be fairly and adequately protected in their absence.” Falcon, 457 U.S. at 157 n. 13, 102 S.Ct. at 2371 n. 13.

The requirements for typicality and commonality were considered in some detail last Term by the Supreme Court in General Telephone Co. of Southwest v. Falcon, supra. While agreeing with the proposition “that racial discrimination is by definition class discrimination,” the Court disapproved the wholesale use of “across the board” attacks on both hiring and promotion when the plaintiff has been the victim of discrimination in only one. 457 U.S. at 157-58,102 S.Ct. at 2370-71. The Court observed that

the allegation that such discrimination has occurred neither determines whether a class action may be maintained in accordance with Rule 23 nor defines the class that may be certified.

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Bluebook (online)
99 F.R.D. 562, 33 Fair Empl. Prac. Cas. (BNA) 1844, 37 Fed. R. Serv. 2d 959, 1983 U.S. Dist. LEXIS 13847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-montgomery-county-sheriffs-department-almd-1983.