McClain v. Lufkin Industries, Inc.

187 F.R.D. 267, 1999 U.S. Dist. LEXIS 6779, 1999 WL 285566
CourtDistrict Court, E.D. Texas
DecidedMarch 31, 1999
DocketNo. 9:97-CV-0063
StatusPublished
Cited by19 cases

This text of 187 F.R.D. 267 (McClain v. Lufkin Industries, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClain v. Lufkin Industries, Inc., 187 F.R.D. 267, 1999 U.S. Dist. LEXIS 6779, 1999 WL 285566 (E.D. Tex. 1999).

Opinion

MEMORANDUM OPINION

COBB, District Judge.

INTRODUCTION

Sylvester McClain and Buford Thomas brought claims against Lufkin Industries [Lufkin] under Title VII and 42 U.S.C. § 1981 on behalf of themselves and a class of similarly situated persons. Mr. McClain filed a timely charge of employment discrimination with the EEOC and received his right to sue letter on or about December 4, 1996.1 The issue now before the court is Plaintiffs’ motion for class certification.

The law on this topic is complex and convoluted, and unfortunately the parties may view this opinion in a similar light. In the interest of intelligibility, we shall begin with a map of where we are going. The analysis is divided into two major sections: (i) Plaintiffs’ prima facie case of disparate impact and (ii) Plaintiffs’ satisfaction of Rule 23 criteria for certification as a class action.

[272]*272i. Plaintiffs’ Prima Facie Case

There are two elements to establishing a prima facie case for disparate impact. First one must identify the employment practices which have a disparate effect. Second, it must be demonstrated that the identified practice does in fact have a distinct effect on one race. This is typically accomplished through statistical analysis. To support a disparate impact claim, the statistics must evaluate the pertinent sample set and they must reveal a gross disparity in how the identified practice impacts different races.

ii. Criteria for Class Certification

There are five elements necessary to qualify a class for certification. The class must meet all four of the requirements of Rule 23(a) and one of the three possibilities under 23(b). The 23(a) requirements are as follows: Numerosity (the class must be so numerous as to make joinder of all plaintiffs impracticable); Commonality (the class must share common issues of law and fact); Typicality (the claims of class members must center on common legal and remedial theories); and Adequacy of Representation the class representatives must act in the interest of the class and be free of any conflicting interests).

Rule 23(b) has three parts; 23(b)(2) will be discussed here. This criterion requires that the predominant form of relief sought by the class be injunctive. Monetary relief is allowed only incidentally.

ESTABLISHING A PRIMA FACIE CASE OF DISPARATE IMPACT DISCRIMINATION

McClain alleges that Lufkin Industries’ employment practices have a disparate impact on African-Americans. To support their motion for class certification, Plaintiffs seek to establish a prima facie case of employment discrimination in violation of Title VII and 42 U.S.C. § 1981. The elements of both claims are identical. Anderson v. Douglas & Lomason Co., 26 F.3d 1277 (5th Cir.1994)

While the 5th Circuit acknowledges that “the discriminatory impact model of proof in an employment discrimination case is not ... the appropriate vehicle from which to launch a wide ranging attack on the cumulative effect of a company’s employment practices.” Pouncy v. Prudential Ins. Co., 668 F.2d 795, 800 (5th Cir.1982), the Supreme court has since outlined the circumstances in which disparate impact analysis is appropriate to challenging pervasive discrimination in employment. See Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 990, 108 S.Ct. 2777, 2786-87, 101 L.Ed.2d 827 (1988); Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656, 109 S.Ct. 2115, 2124, 104 L.Ed.2d 733 (1989). These general standards have been further elaborated by the Fifth Circuit. Anderson v. Douglas & Lomason Co., 26 F.3d 1277 (5th Cir.1994)

Plaintiffs may base a disparate impact claim on subjective employment procedures. Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 990, 108 S.Ct. 2777, 2786-87, 101 L.Ed.2d 827 (1988). To establish a prima facie case Plaintiffs must identify the causes of the disparate impact and demonstrate their effects. First, they must identify the employment practices which allegedly have an adverse effect on the plaintiffs. Second, they must present statistics drawn from the relevant population that demonstrate that the challenged practices have a significantly different and adverse effect on the class members.

IDENTIFICATION OF EMPLOYMENT PRACTICES

Title VII explicitly addresses the standard for identifying employment practices in disparate impact claims:

“With respect to demonstrating that a particular employment practice causes a disparate impact as described in subpara-graph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decision making process are not capable of separation for analysis, the decision making process may be analyzed as one employment practice.”

[273]*27342 U.S.C. § 2000e-2(k)(l)(B)(i)

This clause was drafted in response to the Supreme Court’s holding in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656, 109 S.Ct. 2115, 2124, 104 L.Ed.2d 733 (1989). It encodes the Court’s requirement that employment practices be identified with specificity, while also allowing for broad-based challenges where such specificity is not possible.

Our analysis begins by noting the norm of subjective decision making in Lufldn’s system of management. We then enumerate the employment practices shown to be suspect. After elaborating on the various components of Lufkin’s system of administration we will discuss why this system must be treated as one employment practice.

A broad array of Lufkin employment practices rest on the subjective decision making processes. Paul Perez, the Vice-president for Human Resources, testified that Lufkin Industries exercises subjective discretion in hiring, promotion, termination, discipline and demotion decisions throughout the company. This subjective decision making occurs both in central administration and within each division of the company.

Plaintiffs have alleged that Lufkin’s subjective system of hiring disadvantages African-Americans. Discretionary authority over employment decisions without reference to objective guidelines can support a disparate impact claim. Carpenter v. Stephen F. Austin State University, 706 F.2d 608, 614 (5th Cir.1983). Most Lufkin employees are hired through the human resources department after being referred to Lufkin Industries from the Texas Workforce Commission.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McClain v. Lufkin Industries, Inc.
649 F.3d 374 (Fifth Circuit, 2011)
Howard v. Gutierrez
571 F. Supp. 2d 145 (District of Columbia, 2008)
Mulligan v. South Carolina Department of Transportation
446 F. Supp. 2d 446 (D. South Carolina, 2006)
Fisher v. Ciba Specialty Chemicals Corp.
238 F.R.D. 273 (S.D. Alabama, 2006)
Colindres v. QuietFlex Manufacturing
235 F.R.D. 347 (S.D. Texas, 2006)
McReynolds v. Sodexho Marriott Services, Inc.
349 F. Supp. 2d 1 (District of Columbia, 2004)
Dukes v. Wal-Mart Stores, Inc.
222 F.R.D. 137 (N.D. California, 2004)
Rhodes v. Cracker Barrel Old Country Store, Inc.
213 F.R.D. 619 (N.D. Georgia, 2003)
Webb v. Merck & Co.
206 F.R.D. 399 (E.D. Pennsylvania, 2002)
Vance v. City of Nacogdoches, TX
198 F. Supp. 2d 858 (E.D. Texas, 2002)
Reap v. Continental Casualty Co.
199 F.R.D. 536 (D. New Jersey, 2001)
Miller v. Hygrade Food Products Corp.
198 F.R.D. 638 (E.D. Pennsylvania, 2001)
Smith v. Texaco, Inc.
88 F. Supp. 2d 663 (E.D. Texas, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
187 F.R.D. 267, 1999 U.S. Dist. LEXIS 6779, 1999 WL 285566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-lufkin-industries-inc-txed-1999.