Women's Committee for Equal Employment Opportunity v. National Broadcasting Co.

76 F.R.D. 173, 19 Fair Empl. Prac. Cas. (BNA) 1703, 24 Fed. R. Serv. 2d 359, 1977 U.S. Dist. LEXIS 14217, 15 Empl. Prac. Dec. (CCH) 7832
CourtDistrict Court, S.D. New York
DecidedAugust 31, 1977
DocketNo. 75 Civ. 6030-LFM
StatusPublished
Cited by40 cases

This text of 76 F.R.D. 173 (Women's Committee for Equal Employment Opportunity v. National Broadcasting Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Women's Committee for Equal Employment Opportunity v. National Broadcasting Co., 76 F.R.D. 173, 19 Fair Empl. Prac. Cas. (BNA) 1703, 24 Fed. R. Serv. 2d 359, 1977 U.S. Dist. LEXIS 14217, 15 Empl. Prac. Dec. (CCH) 7832 (S.D.N.Y. 1977).

Opinion

MacMAHON, District Judge.

Plaintiffs in this sex discrimination class action apply for approval of a proposed settlement, pursuant to Rule 23(e), Fed.R. Civ.P. We conclude that the total settlement package is fair, reasonable and adequate and represents an equitable resolution of the issues raised by the action. Accordingly, we approve the settlement, although, as discussed below, we have reservations about one aspect of the settlement providing for a separate fund to be distributed only to the named plaintiffs.

Plaintiffs brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., on behalf of themselves and other past, present and future women employees of defendant National Broadcasting Co., Inc. (NBC) and NBC’s local broadcast station in New York, WNBC. The complaint alleges that the defendant companies and unions maintained patterns, practices and policies of discrimination against women in matters of job placement, salaries, promotions, training and various other benefits and conditions of employment.

On July 30, 1976, we certified the class action under Rule 23(b)(2), Fed.R.Civ.P., and granted intervention by the Equal Employment Opportunity Commission (EEOC) to protect the public interest in this case, which the EEOC had certified as a case of general public importance. See 42 U.S.C. § 2000e-5(f)(l). Class members were notified by direct mail of the pendency of the action and of their right to have counsel of their own choosing represent their interests, yet no class member availed herself of this right.

Discovery and settlement negotiations proceeded simultaneously, and this proposed settlement was reached on the eve of the trial, after full opportunity for counsel to develop the relevant facts and make an informed judgment as to the merits of the case on both sides. Class members were notified, again by direct mail, of the proposed settlement and its terms, and of the opportunity for class members to express any objections to the settlement at a public hearing, which we held on May 6,1977. No class member appeared at the hearing to object to the settlement.1

The proposed settlement takes the form of a consent decree signed by plaintiffs, plaintiff-intervenor EEOC, and defendants NBC, WNBC and RCA Corporation (NBC’s parent corporation). We will refer to all three corporate defendants collectively as “NBC.” Although certain unions representing NBC and WNBC employees are also named as defendants, plaintiffs have agreed to discontinue the action against the unions in the event we approve the consent decree.

I.

As usual in cases requiring judicial approval of a settlement, our function is not to try or to decide the ultimate issues of the case, but merely to evaluate the settlement in comparison with the likely rewards of continuing the litigation, taking into account (1) the complexity, expense and likely duration of the litigation, (2) the reaction of the class to the settlement, (3) the stage of the proceedings and the amount of discovery completed, (4) the risks of establishing liability, (5) the risks of establishing damages, (6) the risks of maintaining the class action throughout the trial, (7) the ability of defendants to withstand a greater judgment, (8) the “range of reasonableness” of the settlement in light of the best possible recovery, (9) the “range of reasonableness” of the settlement fund to a possible recovery in light of all the attendant risks of litigation. City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974). See also United States v. Armour & Co., 402 U.S. 673, 681, 91 S.Ct. 1752, 29 L.Ed.2d 258 (1971); Feder v. Harrington, 58 F.R.D. 171 (S.D.N.Y.1972).

[176]*176We have examined the consent decree with these factors in mind and find that settlement on the proposed terms is fully warranted, particularly since the consent decree provides, in some measure, nearly every aspect of relief prayed for in the complaint. The only demand not satisfied by the consent decree is mandatory benefits for pregnancy-related disability, a claim the plaintiffs have abandoned in light of the Supreme Court decision in General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976), which held that the Constitution does not require companies to provide such benefits.

As we have already noted, the case was very near the trial stage when this settlement was reached, and virtually if not all pre-trial discovery had been completed, a factor favoring counsel’s estimate of the likely rewards of continuing the litigation. In addition, the reaction of the class to the proposed settlement must be considered remarkably favorable, since no class member chose to have counsel of her own choosing appear in the action, nor did any class member appear to object to the settlement at the hearing. Continued litigation would certainly have proven complex, expensive, protracted, and at some risk, since proof of plaintiffs’ claims, particularly the damage claim, was far from assured. Even as to liability, NBC was prepared to defend on the factual issue of the available pool of qualified women to fill the various vacancies occurring from time to time throughout NBC even if there had been no discrimination.

Plaintiffs, on the other hand, had accumulated discovery material relating to specific instances of discrimination (primarily involving the sixteen named representative plaintiffs) and were also prepared to offer statistical evidence and computer data concerning the work force at NBC, in an effort to demonstrate the existence of “across-the-board” discrimination against women. As plaintiffs concede, there would undoubtedly have been conflicting viewpoints from expert witnesses, including statisticians and labor economists, presenting sharply disputed issues of fact. Plaintiffs suggest that trial of the liability issues alone might well have required one to two months, and while we express no opinion on that estimate, suffice it to say that plaintiffs certainly did not have an open and shut case on liability.

Furthermore, assuming that plaintiffs could have proven liability, they faced a much tougher task on damage questions. As we indicated when we certified the class, we would try the liability case first, and if plaintiffs prevailed it would be incumbent on every member of the class to come forward and show how, and to what extent, she had been damaged. 71 F.R.D. at 671. Discovery revealed that there were approximately 2,700 class members, and the complexity, expense, and length of time involving in a case-by-case analysis is obvious, possibly requiring years of protracted litigation. Moreover, as we discuss more fully below in connection with our comparison of the benefits of the settlement compared to the risks of litigation, even if NBC did maintain patterns and practices of discrimination, it is by no means clear that every member of the class suffered personal loss on account of such acts.

II.

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76 F.R.D. 173, 19 Fair Empl. Prac. Cas. (BNA) 1703, 24 Fed. R. Serv. 2d 359, 1977 U.S. Dist. LEXIS 14217, 15 Empl. Prac. Dec. (CCH) 7832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/womens-committee-for-equal-employment-opportunity-v-national-broadcasting-nysd-1977.