Reeb v. Ohio Department of Rehabilitation

203 F.R.D. 315, 2001 WL 1301204
CourtDistrict Court, S.D. Ohio
DecidedOctober 25, 2001
DocketNo. C2: 00-CV-00774
StatusPublished
Cited by14 cases

This text of 203 F.R.D. 315 (Reeb v. Ohio Department of Rehabilitation) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reeb v. Ohio Department of Rehabilitation, 203 F.R.D. 315, 2001 WL 1301204 (S.D. Ohio 2001).

Opinion

OPINION AND ORDER

MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on the Plaintiffs’ Motion for Class Certification filed on February 16, 2001. The Plaintiffs, Rachel Reeb, Verna Brown, Glenna Mackey, and Jill Beabout are all employees at the Belmont Correctional Institution in St. Clairsville, Ohio, who have brought a sex discrimination claim under Title VII, 42 U.S.C. § 2000e, against the Ohio Department of Rehabilitation and Corrections/Belmont Correctional Institute. They seek to certify a class defined as:

All female employees of Defendant Belmont Correctional Institution, past or present, who now, will in the fixture, or at any time during the five years preceding the commencement of this action have worked for the Defendant Belmont Correction Institution.

For the following reasons, the Court GRANTS Plaintiffs’ Motion for Class Certification under Rule 23(b)(2), and DENIES [318]*318Plaintiffs’ Motion for Class Certification under Rule 23(b)(3). The (b)(2) class the Court certifies in this Order is circumscribed by a slightly more refined definition than that suggested by the Plaintiffs:

All those female employees of Defendant Belmont Correctional Institute, past or present, who are members of the OCSEA and who now work, or at any time during the five years preceding the commencement of this action, worked for the Defendant Belmont Correctional Institute.

II. FACTS

Belmont Correctional Institute (“BeCI”)1 is a prison operated by the Ohio Department of Rehabilitation and Corrections. BeCI employs 528 persons who are represented by three different unions, District 1199, OCSEA, and OEA. Other employees of BeCI are classified as civil servants.

Plaintiffs Reeb and Brown are female corrections officers at BeCI who were hired in 1995, and are members of OCSEA. Plaintiff Mackey is also a corrections officer and member of OCSEA, but for some period of time beginning on May 18, 2000, she was placed in a Temporary Work Level as a Secretary. Plaintiff Beabout is also a member of OCSEA who began working for BeCI in 1995. On January 16, 2000, Ms. Beabout was promoted to the position of Records Officer on a permanent basis after holding that position at a Temporary Work Level.

The Plaintiffs allege that, for over five years, they have been treated differently, held to different standards, and given different duties as compared to similarly situated male corrections officers. The Plaintiffs further allege that they have been denied promotions and, as a result, seventeen out of the eighteen Captain and Lieutenant positions at BeCI currently are held by men. They assert that female corrections officers are denied leave and overtime, are given undesirable positions, áre pulled off of their posts, and are replaced with male officers. Furthermore, they claim that female corrections officers are written up for alleged infractions although male corrections officers are not written up for similar infractions. According to the Plaintiffs, women who have had intimate relations with the Warden or other supervisors have been treated better than other female employees.

The Plaintiffs attribute the lack of female promotions, at least in part, to the fact that male officers socialize with Warden Tate. They assert that male officers receive promotions as a result of their social ties to the Warden, while more qualified women who do not socialize with him are not promoted. Furthermore, they claim that BeCI uses the “temporary position” to place hand-selected men into positions over more qualified women. As the temporary positions become permanent, the posting requirements are circumvented, thus preventing the female corrections officers from applying for the promotions.

Based on the foregoing allegations, the Plaintiffs filed a Complaint with this Court on July 7, 2000. The Complaint sought relief under the Ohio Revised Code and Title VII from both BeCI and Warden Tate.

III. ANALYSIS

A. Preliminary Issues

1. EEOC Filing

Before bringing a Title VII class action, a plaintiff must file a charge with the EEOC. Once that prerequisite is met for at least one named plaintiff, “the precondition to a -Title VII action is met for all other named plaintiffs and class members.” Jones v. Firestone Tire and Rubber Co., 977 F.2d 527, 531-32 (11th Cir.1992) (citations omitted); see EEOC v. Wilson Metal Casket Co., 24 F.3d 836, 839-40 (6th Cir.1994) (recogniz ing that the single filing rule applies not only to classes, but also to non-class actions that involve multiple plaintiffs with similar claims arising during similar time frames). The named Plaintiffs have met their procedural [319]*319prerequisites by filing a charge with the EEOC and receiving a right to sue letter. Furthermore, the Plaintiffs gave notice of the class action in their charge when they stated that the Defendant “failed to provide equal treatment for women,” “promoted less qualified males,” “violated pick-a-post which forces women to work the less desirable positions than those the males are placed on,” and that “female officers ... are routinely held to a different standard than male officers.”

2. Immunity

The Defendant contends that BeCI has Eleventh Amendment immunity from the Plaintiffs’ state law claims. The Defendant also asserts that this Court lacks jurisdiction as to the state law claims against Warden Tate prior to a finding by the Ohio Court of Claims that he has been stripped of his immunity. See Ohio Rev.Code § 9.86 (granting civil immunity to state officers and employees for damage or injury inflicted in the performance of official duties). The Defendant claims, furthermore, that this Court cannot hear a Title VII claim against Warden Tate.

With few exceptions, the Eleventh Amendment to the United States Constitution prohibits individuals from suing States in federal court. Kimel v. Florida Bd. of Regents, 528 U.S. 62, 72-73, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000); Mixon v. Ohio, 193 F.3d 389, 396-97 (6th Cir.1999). Likewise, suits for monetary damages brought against state officials in their official capacities are barred by the Eleventh Amendment. Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974) (holding that “a suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment”).

Presently, the Defendant’s immunity argument is moot, as is its Partial Motion for Judgment on the Pleadings filed on March 30, 2001 since, on April 30, 2001, the Plaintiffs voluntarily dismissed their state law claims and their Title VII claim against Defendant Tate.

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Bluebook (online)
203 F.R.D. 315, 2001 WL 1301204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeb-v-ohio-department-of-rehabilitation-ohsd-2001.