Price v. Cannon Mills

113 F.R.D. 66, 42 Fair Empl. Prac. Cas. (BNA) 685, 1986 U.S. Dist. LEXIS 18025
CourtDistrict Court, M.D. North Carolina
DecidedNovember 6, 1986
DocketCiv. No. C-84-1012-S
StatusPublished
Cited by7 cases

This text of 113 F.R.D. 66 (Price v. Cannon Mills) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Cannon Mills, 113 F.R.D. 66, 42 Fair Empl. Prac. Cas. (BNA) 685, 1986 U.S. Dist. LEXIS 18025 (M.D.N.C. 1986).

Opinion

MEMORANDUM OPINION

GORDON, Senior District Judge:

This matter comes before the court on motion by the plaintiffs for class certification.

PROCEDURAL BACKGROUND1

On 18 October 1984, the named plaintiffs filed a complaint alleging that the defendant, Cannon Mills, had engaged in both individual and classwide violations of Title VII in a number of employment practices. On 6 March 1986, the plaintiffs filed a motion for class certification.

Plaintiffs’ complaint sought certification of a plantwide class of all current and former female employees with respect to the alleged Title VII violations. During the course of discovery, however, the parties entered into a stipulation that limited considerably the scope of the plaintiffs’ individual and class claims. In addition, plaintiffs have limited the scope and number of the proposed classes to conform with evidence produced by approximately two years of discovery. See Plaintiffs’ Modification of Class Certification Motion at 25-26, 1188.A.

[68]*68Plaintiffs’ latest pleading seeks certification of a class composed of “plaintiff Lytton, all females currently employed in the Sheet Department [of Cannon Mills], all females employed in the Sheet Department at any time since July 26, 1980, but who are not currently employed at said facility; and all women employed in the future in the Sheet Department; all of whom have been, may have been, or will be discriminated against on account of their sex by the employer in the exercise of its employment practices of temporary job assignment, and pay for temporary job assignments.” Plaintiffs’ Proposed Findings of Fact and Conclusions of Law at 43, If 83. It is the class proposed in this most recent pleading filed by the plaintiff that the court addresses herein.

DISCUSSION

A. Plaintiffs’ Proposed Sheet Department Class

In a sense, every Title VII suit is a class action inasmuch “as the evil sought to be ended is discrimination on the basis of a class characteristic, i.e., race, sex, religion, or national origin,” Bowe v. Colgate Palmolive Co., 416 F.2d 711, 719 (7th Cir.1969), and the courts have been acutely aware of the significant role the class action device can play in effectuating Title VII remedies. Tolbert v. Western Electric Co., 56 F.R.D. 108, 114 (N.D.Ga.1972). The Supreme Court, however, has specifically rejected the idea that every Title VII case inherently warrants certification as a class action under Rule 23 of the Federal Rules of Civil Procedure. In General Telephone Company v. Falcon, 457 U.S. 147, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982), the Court tightened the requirements for class certification in Title VII cases by requiring trial judges to give scrupulous adherence to the prerequisites of Rule 23(a). Id. at 161, 102 S.Ct. at 2372. See Nelson v. United States Steel Corp., 709 F.2d 675, 678-79 (11th Cir.1983). Although the Court agreed with the proposition that “racial discrimination is by definition class discrimination,” 457 U.S. at 157, 102 S.Ct. at 2370, it held that the bare allegation of discrimination does not determine whether a class action may be maintained in accordance with Rule 23. The Court explained:

Conceptually, there is a wide gap between (a) an individual’s claim that he has been denied a promotion on discriminatory grounds, and his otherwise unsupported allegation that the company has a policy of discrimination, and (b) the existence of a class of persons who have suffered the same injury as that individual, such that the individual’s claim and the class claims will share common questions of law or fact and that the individual’s claim will be typical of the class claims. For respondent to bridge that gap, he must prove much more than the validity of his own claim. Even though evidence that he was passed over for promotion when several less deserving whites were advanced may support the conclusion that respondent was denied the promotion because of his national origin, such evidence would not necessarily justify the additional inferences (1) that this discriminatory treatment is typical of petitioner’s promotion practices, (2) that petitioner’s promotion practices are motivated by a policy of ethnic discrimination that pervades petitioner’s Irving division, or (3) that this policy of ethnic discrimination is reflected in petitioner’s other employment practices, such as hiring, in the same way it is manifested in the promotion practices.

457 U.S. at 157-58, 102 S.Ct. at 2370-71. See Ardrey v. United Parcel Service, 798 F.2d 679, 685 (4th Cir.1986).

Accordingly, in addition to presenting evidence relating to their own claims, the named plaintiffs herein must link their claims with those of the putative class by showing that the discrimination they allegedly suffered typlified a policy of sex discrimination that pervaded Cannon Mills employment practices of temporary job assignments and pay for temporary job assignments. See Falcon, 457 U.S. at 158, 102 S.Ct. at 2371. Moreover, the named plaintiffs carry the burden of demonstrat[69]*69ing that class certification is appropriate. Doctor v. Seaboard Coast Line R.R. Co., 540 F.2d 699, 707 (4th Cir.1976). Although the plaintiffs need not establish their own case on the merits before a determination of the class question can be made, Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974), the plaintiffs must meet each of the prerequisites to the maintenance of a class action delineated in Federal Rule of Civil Procedure 23(a). Rule 23(a) provides that “[o]ne or more of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” These factors are commonly referred to as “numerosity,” “commonality,” “typicality,” and “adequacy of representation” respectively.

In the case under consideration, the plaintiffs have failed to meet the typicality requirement imposed by Rule 23(a)(3) and thus have failed to establish their right to utilize the class action mechanism. Rule 23(a)(3) requires that the “claims or defenses of the representative parties [be] typical of the claims or defenses of the class.” The net result of this rule is that the propriety of class certification turns on whether the claim of the individual Title VII plaintiff and the claims of the Title VII class he purports to represent raise common questions of law or fact. Lilly v.

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Bluebook (online)
113 F.R.D. 66, 42 Fair Empl. Prac. Cas. (BNA) 685, 1986 U.S. Dist. LEXIS 18025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-cannon-mills-ncmd-1986.