Shannon v. Hess Oil Virgin Islands Corp.

96 F.R.D. 236, 34 Fair Empl. Prac. Cas. (BNA) 1299, 1982 U.S. Dist. LEXIS 17675
CourtDistrict Court, Virgin Islands
DecidedNovember 9, 1982
DocketCiv. No. 75-291
StatusPublished
Cited by2 cases

This text of 96 F.R.D. 236 (Shannon v. Hess Oil Virgin Islands Corp.) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shannon v. Hess Oil Virgin Islands Corp., 96 F.R.D. 236, 34 Fair Empl. Prac. Cas. (BNA) 1299, 1982 U.S. Dist. LEXIS 17675 (vid 1982).

Opinion

MEMORANDUM AND ORDER

CHRISTIAN, Chief Judge.

This case is once again before the Court on a motion of defendant to dismiss the class allegations contained in the amended complaint of plaintiffs. The parties were directed to brief the issues raised by that motion in light of the recent decisions of the United States Supreme Court in Ford Motor Company v. Equal Employment Opportunity Commission, - U.S. -, 102 S.Ct. 3057, 73 L.Ed.2d 721 (1982) and General Telephone Company of the Southwest v. Falcon, - U.S. -, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). Defendant also moves for a reconsideration of the Court’s prior discovery orders in light of these two opinions. For the reasons set forth below, the motions will be denied.

I. The Procedural Background

Plaintiffs commenced this lawsuit under the terms of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17.1 They seek declaratory, injunctive and monetary relief in connection with what they contend are discriminatory employment policies and practices maintained by defendant Hess Oil Virgin Islands Corporation (hereinafter referred to as the employer). It is alleged that named plaintiff Shannon is “female, black and a citizen of the United States” who had been injured by such practices when applying for employment with the defendant. First Amended Complaint Par. 3. The amended complaint states that named plaintiff Carter is a “black, [male] ... citizen of the United States” who also experienced discriminatory treatment in applying for employment with the defendant. Id. Par. 4 Shannon brings her complaint on behalf of herself and also seeks to represent a class of persons which consists of “all other” “past, present and future” female applicants and employees of the defendant. Plaintiff Carter sues on his own behalf and seeks to represent all “past, present and future” black applicants and employees of defendant. The first cause of action alleges that defendant has practiced “discriminatory methods of hiring, recruitment, job classifications, pay, promotions, training [and] discipline ...” with respect to female employees and female job applicants. The second cause of action challenges the same alleged practices with respect to all black employees and black job applicants.

II. Discussion

Defendant has strenuously (and repeatedly) argued that various defects in the class allegations as set forth in the amended complaint offend the strictures of Rule 23 of the Federal Rules of Civil Procedure and therefore warrant dismissal of the complaint insofar as relief is sought for the proposed classes. Treating this latest motion as a motion for dismissal under Rule 12(b)(6),2 we view the questions presented for decision to be as follows:

(1) Does the asserted lack of specificity as to the injuries allegedly suffered by the named plaintiff Shannon vitiate her standing to represent any or all of the members of the proposed class of females and therefore require the dismissal of such class allegations?;
(2) Does the fact that the defendant offered employment to named plaintiff Shannon following her initiation of administrative charges disqualify her from representing any or all members of the proposed [238]*238female class and therefore require the dismissal of such class allegations?; and
(3) Does the status of these two named plaintiffs as unsuccessful job applicants jeopardize their standing to represent those members of the proposed classes who are or were employees and therefore require the dismissal of those class claims asserted on behalf of employees?

These three questions will be discussed seriatim as follows.

A. Lack of Specific Injury.

The starting point for resolving the questions of standing raised herein is of course Rule 23(a) itself. The rule provides as follows:

Prerequisites to a Class Action. One or more members 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 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.

The recent pronouncement of the Supreme Court in General Telephone Co. v. Falcon, supra, stresses that the requirements for class certification set forth in Rule 23 are no less exacting in actions, such as the present one, which are brought under Title VII. In Falcon, the named plaintiff was a Mexican American who had been denied a promotion by the defendant—employer. Alleging that the denial was based on his national origin, he sought relief under Title VII for himself and on behalf of all “ ‘Mexican-American persons who are employed, or who might be employed, by [the defendant] ... who have been and who continue to be adversely affected by the [discriminatory] practices complained of herein.’ ” Id. at -, 102 S.Ct. at 2367. After initiating discovery, plaintiff then sought, in accordance with Rule 23, a certification of “ ‘the class of all hourly Mexican Americans employees who have been employed, are employed, or may in the future be employed and all those Mexican Americans who have applied or would have applied for employment had the defendant not practiced racial discrimination in its employment practices.’ ” Id., quoted at -, 102 S.Ct. at 2368. The District Court granted the plaintiff’s request for class certification in its entirety but without conducting an evidentiary hearing to determine whether the class representative met the typicality and commonality requirements of Rule 23; that is whether he was actually a part of the proposed class and whether he “ ‘possessed] the same interest and [had] suffered] the same injury’ as the class members.” East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403, 97 S.Ct. 1891, 1896, 52 L.Ed.2d 453 (1977), quoting Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 216, 94 S.Ct. 2925, 2929, 41 L.Ed.2d 706 (1973).

After trial, the District Court made separate findings of fact and conclusions of law as to the named plaintiff and as to the class. The Court found that the employer had discriminated against the named plaintiff in its promotion practices but not in its hiring practices. With respect to the class allegations, the Court found the employer liable for its hiring procedures but not for its promotion procedures. On cross appeals to the Fifth Circuit Court of Appeals, the defendant’s argument that the class had been impermissibly overinclusive was rejected.

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Related

Miller v. Hygrade Food Products Corp.
89 F. Supp. 2d 643 (E.D. Pennsylvania, 2000)
Shannon v. Hess Oil Virgin Islands Corp.
100 F.R.D. 327 (Virgin Islands, 1983)

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Bluebook (online)
96 F.R.D. 236, 34 Fair Empl. Prac. Cas. (BNA) 1299, 1982 U.S. Dist. LEXIS 17675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-hess-oil-virgin-islands-corp-vid-1982.