Warnell v. Ford Motor Co.

189 F.R.D. 383, 1999 U.S. Dist. LEXIS 16563, 76 Empl. Prac. Dec. (CCH) 46,137, 1999 WL 967518
District Court, N.D. Illinois·Decided October 15, 1999·No. No. 98 C 1503, 98 C 5287·Published·Cited by 25 cases

Opinion

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The plaintiffs here are present or former employees at Ford Motor Company (“Ford”) who allege that they and other women employees of Ford were subjected, among other wrongs, to pervasive and systematic sexual harassment at work. Two separate groups of plaintiffs sued Ford, alleging claims as individuals and class members for race and sex discrimination and sexual harassment under Title VII, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981, as well as various state law claims. Their joint motion for class certification is based solely on the Title VII sex discrimination claims. I grant the motion to certify the classes with respect to those claims. Other claims which have not been already dismissed may be prosecuted by the named parties as individuals. In addition, the plaintiffs move for consolidation of their cases, and I grant that motion as well, and so refer hereafter to “this case” in the singular. I also grant the plaintiffs’ motion to communicate with the class and deny as moot Ford’s motions concerning discovery in regard to litigation about the certification of the class.

I.

This ease is brought by fourteen women now or formerly employed at the Chicago Ford Assembly Plant (the “Assembly Plant”) or the Chicago Ford Stamping Plant (the “Stamping Plant”) in Chicago, Illinois. They represent themselves and move to represent any woman employed at those plants from December 2, 1993 until today. The Stamping Plant currently has about 176 women out of 1,800 hourly employees and 19 women out of about 180 salaried employees. The Assembly plant has 600 women total out of 2,646 hourly and 205 salaried employees. The hourly employees are production workers; the salaried employees are in the main managerial and supervisory. Unionized employees at both plants are represented by the United Auto Workers (“UAW”) under the UAW-Ford Master Agreement.

The plaintiffs allege that women employees at these plants have been subject to a pervasively hostile, intimidating, and abusive work environment. The EEOC investigated and concluded in September 1998 that “a class of female employees at Ford’s Chicago area manufacturing facilities has been subject to sexual harassment by managers and non-managers.” The EEOC found that women employees had been called “bitches, whores and offensive references to female genitalia” as well as being “grabbed, groped, and ... massaged without their consent.” Women have been subject to “sexually explicit graffiti” with references to specific named women at the plants, and to pornographic materials which “eontribute[d] to the hostile and sexually offensive environment.” The EEOC made similar findings in January 1996 in connection with another case brought in this court by women Stamping Plant employees, Rivera v. Ford Motor Co., No. 95 C 2990, which was subsequently settled.

The plaintiffs here also claim that at least through 1997 and 1998, strippers and prostitutes regularly performed at Ford Christmas and other parties, including some parties on the plant premises, which were attended by hourly and supervisory employees and that photographs and films of this behavior were taken at some of these company-advertised functions. Some of these photos, the plaintiffs say, were displayed in the plant.

According to the plaintiffs, Ford knew of these and similar problems for years, from at least when female employees filed EEOC complaints in 1994. In 1995, the Rivera lawsuit led to the 1996 EEOC determinations mentioned above. Ford has a “Zero Tolerance” sexual harassment policy, but plaintiffs allege that the company’s complaint procedure, which apparently favors grieving com[386]*386plaints through the union, is ineffective and poorly advertised, and in any case the plaintiffs claim that the union discourages sex discrimination grievances. (The UAW is not, however, a defendant here.) The plaintiffs claim that Ford’s personnel policies are centralized but that its investigative procedures are inadequate and that Ford does not consistently and effectively discipline harassers.

In view of their injuries and allegations, the plaintiffs request: (1) a permanent injunction against further discrimination and harassment, (2) an order requiring Ford to implement effective steps to eliminate discrimination, (3) compensatory and (4) punitive damages, and any other appropriate relief.

After much litigation over several years in the case before us and its predecessors, Ford and the EEOC announced in September 1999 that they had entered into a Conciliation Agreement (the “Agreement”) to resolve these problems. The EEOC and Ford effectively excluded the plaintiffs from the discussions leading to the Agreement, despite the fact that they were the charging parties in the case which ultimately led to the agreement.1 The Agreement runs for three years and involves creation of new policies to prevent and remedy sexual harassment and retaliation, which policies are to be overseen by a panel with three members, one each from the EEOC and Ford and a third member acceptable to both parties. Ford also promises to make good faith efforts to promote more women to first line supervisory positions at the plants. Finally, the Agreement provides for $7.5 million to compensate women affected at the plants since January 1, 1996. Persons who accept money under the Agreement release Ford from claims for liability in connection with sexual harassment. The Agreement does not establish clear standards or guidelines for award of damages.

II.

Rule 23(a) of the Federal Rules of Civil Procedure provides for certification of a class when the following conditions are met: (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. Shvartsman v. Apfel, 138 F.3d 1196, 1201 (7th Cir.1998). I must further determine whether the case is certifiable as a class action “for purposes of injunctive relief’ under Fed.R.Civ.P. 23(b)(2), Isby v. Bayh, 75 F.3d 1191, 1194 (7th Cir.1996), and so not requiring notice to absent class members and an opportunity to opt out, Blair v. Equifax Check Services, Inc., 181 F.3d 832, 836 (7th Cir.1999), or as a class action to obtain damages under Rule 23(b)(3), under which unnamed members have a right to notice of the pending class action and to an opportunity to opt out, under Rule 23(c)(2), Pabst Brewing Company, Inc. v. Corrao, 161 F.3d 434, 439 (7th Cir.1998).

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Warnell v. Ford Motor Co., 189 F.R.D. 383, 1999 U.S. Dist. LEXIS 16563, 76 Empl. Prac. Dec. (CCH) 46,137, 1999 WL 967518 (N.D. Ill. 1999).

189 F.R.D. 383 (Warnell v. Ford Motor Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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