Reynolds v. Roberts

207 F.3d 1288, 2000 U.S. App. LEXIS 5621, 77 Empl. Prac. Dec. (CCH) 46,342, 2000 WL 328163
Court of Appeals for the Eleventh Circuit·Decided March 29, 2000·No. 97-6347, 98-6192·Published·Cited by 62 cases

Opinions

TJOFLAT, Circuit Judge:

These consolidated appeals arise out of a long-standing racial discrimination class action brought by African-American employees and job applicants against the Alabama Department of Transportation (the “Department”). Three years after the district court entered a race-neutral consent decree providing for prospective relief relating to job qualifications and promotion criteria, plaintiffs’ counsel, using the class action as their vehicle, applied to the district court for preliminary and permanent injunctions prohibiting white employees of [1292] the Department from availing themselves of a race-neutral grievance procedure the parties had fashioned and the court had approved. The court granted counsel’s application for a preliminary injunction, but, recognizing that the issuance of an order to show cause rather than an injunction is the appropriate device for enforcing a consent decree, denied counsel’s application for a permanent injunction. , In the same stroke, the court, intent on granting counsel the relief they sought, transformed their application for a permanent injunction into an application for a declaratory judgment, declaring that allowing non-black employees to use the race-neutral grievance procedure violates the consent decree. Reynolds v. Alabama Dep’t of Transp., 996 F.Supp. 1130 (M.D.Ala.1998). In No. 97-6347, a class of intervenors, who consist of the Department’s non-black employees (the “Adams Intervenors”), appeals the preliminary injunction. In No. 98-6192, the same class appeals the declaratory judgment. We vacate both orders and instruct the district court to restore the status quo ante.

I.

A.

The procedural history of this case is set out in our opinion in Reynolds v. Roberts, 202 F.3d 1303, 1306-11 (11th Cir.2000) (Reynolds I). Here, we recite a shortened version of that history and then focus on the events relevant to this appeal.

The named plaintiffs brought this suit against the Department1 in May 1985 on behalf of all black employees and former employees of the Department and all unsuccessful black applicants for positions within the Department. Alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17, 42 U.S.C. § 1981, and the Equal Protection Clause of the Fourteenth Amendment, plaintiffs sought monetary and injunctive relief under those statutes and under 42 U.S.C. § 1983. In October 1986, the court certified three plaintiff classes.2

After the parties joined issue, and engaged in discovery, they entered into settlement negotiations. In 1988, and again in 1991, they presented a proposed consent decree to the district court for approval. On each occasion, some members of the plaintiff classes objected to the entry of the decree; the district court sustained their objections and refused to enter the decree.

In June 1992, the case proceeded to trial before the court. Near the end of the plaintiffs’ case, the parties asked the court to recess the proceeding indefinitely so they could engage in further settlement negotiations. The court granted their request. In November 1993, the parties reached a partial settlement, in the form of a proposed consent decree. The proposed decree provided a range of prospective class-wide injunctive relief. Among other [1293] things, it set hiring and promotion quotas for blacks — 38% of the positions in each job classification in the Department would be set aside for blacks. To ensure an adequate pool for this set-aside program, the decree directed the Department to mount an aggressive recruiting campaign at historically black colleges and universities. Finally, the decree required the Department to establish a grievance procedure for its employees.

The parties presented the proposed decree to the district court, which, in turn, scheduled a hearing for January 19, 1994, to entertain any objections members of the plaintiff classes, or others likely to be affected (like white employees of the Department), might have to the terms of the proposed decree. On January 13, a group of white Department employees (the “Adams Intervenors”) moved the court for leave to intervene on behalf of the Department’s non-black employees in order to challenge the race-conscious provisions of the proposed decree — specifically, the 33% quota requirement for all job classifications in the Department. The court granted the motion, Reynolds v. Roberts, 846 F.Supp. 948, 953-54 (M.D.Ala.1994), and subsequently certified an additional class, consisting of the Department’s non-black employees.

The January 19 hearing was held as scheduled. Over 200 people attended the hearing, including many non-black employees of the Department. The objections to the race-conscious aspects of the proposed consent decree were such that the parties withdrew it and, with leave of court, went back to the drawing board. By late February 1994, the plaintiffs and the Department decided to divide the previously proposed decree into three parts, called Consent Decrees I, II, and III. Consent Decree I contained the provisions that all sides agreed provided only race-neutral prospective relief. Consent Decrees II and III contained provisions that were acceptable to the plaintiffs and the Department, but opposed as race-conscious by the Adams Intervenors.

The parties submitted Consent Decree I to the district court for approval, and, on March 7, the court held a hearing on the fairness of the proposal. No one other than the parties’ attorneys appeared at the hearing, and no one objected to the entry of the decree. The court approved the decree and, by order entered March 16, 1994, adopted it in full.

B.

Consent Decree I is composed of a series of “Articles” which revamped the process by which the Department hires, promotes, classifies, and pays its employees. The decree abolished the system of “employment registers” from which positions were filled and promotions were granted, and created new qualifications and procedures for hiring and promotion. It also created new procedures for, among other things, rotation of job duties, recruitment, and training. None of the Articles of Consent Decree I provide special benefits or procedures for black employees of the Department.

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Reynolds v. Roberts, 207 F.3d 1288, 2000 U.S. App. LEXIS 5621, 77 Empl. Prac. Dec. (CCH) 46,342, 2000 WL 328163 (11th Cir. 2000).

207 F.3d 1288 (Reynolds v. Roberts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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