Reeb v. Ohio Department of Rehabilitation & Correction
Reeb v. Ohio Department of Rehabilitation & Correction
Opinion of the Court
Plaintiffs Rachel Reeb, Verna Brown, Glenna Mackey, and Jill Beabout, employees of defendant Ohio Department of Rehabilitation and Correction, Belmont Correctional Institution (BeCI), filed this class action complaint against their employer alleging gender discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e — 20006-15.
I. Background
BeCI is a prison operated by the Ohio Department of Rehabilitation and Corrections. It employs approximately 528 people, some of whose positions are covered by Ohio’s civil service laws while others are covered by collective bargaining agreements with three distinct unions, District 1199, OCSEA, and OEA. One Hundred Forty-One of BeCI’s employees are female-some unknown number of whom are OCSEA members. The district court certified a class of all female employees who belong to or were members of OCSEA in the preceding five years.
Plaintiffs Reeb and Brown, members of OCSEA, work as female corrections officers at BeCI. Plaintiff Mackey, a member of OCSEA, also works as a corrections officer at BeCI; yet, for some period of time starting on May 18, 2000, Mackey worked as a secretary in a Temporary Work Level. Plaintiff Beabout, a member of OCSEA, began working at BeCI in 1995 as a corrections officer; on January 16, 2000, Beabout received a promotion to records officer on a permanent basis after holding that position on a Temporary Work Level as of December 1,1999.
Plaintiffs’ complaint alleges that: 1) plaintiffs “have been treated differently,
The complaint seeks $2 million in compensatory damages, $3 million in punitive damages, attorneys’ fees and costs, and declaratory relief. The complaint explicitly seeks neither injunctive relief nor a preliminary injunction. Plaintiffs assert that their request “[t]hat the rights of class members to the relief sought herein be adjudicated and declared” is sufficient to state a claim for injunctive relief. In their motion for class certification, plaintiffs expressly state that, among other relief, they seek injunctive relief. Plaintiffs do not specify what that injunctive relief would entail.
Plaintiffs moved to certify their suit as a class action under Federal Rules of Civil Procedure 23(a) and either Rule 23(b)(2) or Rule 23(b)(3). While identifying the common question of law as “whether the defendant disparately treated female correctional officers in violation of Title VII,” the district court refused to certify a 23(b)(3) class on the grounds that individualized issues regarding claims and defenses would predominate and, thus, that class litigation would not be the superior method to litigate plaintiffs’ claims.
Pursuant to Federal Rule of Civil Procedure 23(f), this court granted defendant BeCI leave to take an interlocutory appeal of the district court’s class certification. In particular, we did so on the ground that defendant’s challenge to the standard that the district court used in certifying the class under Rule 23(b)(2) and its resultant determination that plaintiffs’ requested injunctive relief predominates their requested monetary relief in Title VII cases after 1991 is a matter of first impression in this circuit and one concerning which our sister circuits disagree.
Prior to 1991, courts routinely certified civil rights class actions under Rule 23(b)(2). Under Title VII, as originally enacted, plaintiffs could obtain only equitable relief, which courts found to include both front and back pay. However, in the Civil Rights Act of 1991, Congress amended Title VII to provide compensatory and punitive damages to victims of intentional employment discrimination. 42 U.S.C. § 1981a.
Upon closer examination, we find that this record would not afford us an appropriate basis upon which to address such a novel and important legal question. Because the record does not indicate the injunctive relief that the plaintiffs seek, we are unable to review whether the injunctive or declaratory relief predominates over the monetary relief, as Rule 23(b)(2) requires. Moreover, we note that the district court did not have the benefit of our decision in Coleman v. General Motors, 296 F.3d 443 (6th Cir. 2002), a case brought under the Equal Credit Opportunity Act, 15 U.S.C. § 1691, that deals with certification under Rule 23(b)(2) when injunctive relief does not predominate over individual relief. Additionally, as explained below, it does not appear that the district court conducted the “rigorous analysis” necessary to conclude properly that the plaintiffs have met all of the requirements of Federal Rule of Civil Procedure 23(a). Consequently, we confine our analysis to Rule 23(a) and decline to determine on this record the proper standard for class certification under Rule 23(b)(2) where plaintiffs seek monetary as well as equitable relief.
Before certifying a class action, district courts must conduct a “rigorous analysis” into whether the movant has demonstrated that the action satisfies all of the prerequisites of Federal Rule of Civil Procedure 23(a). General Tel. Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982); Stout v. J.D. Byrider, 228 F.3d 709, 716 (6th Cir. 2000). Federal Rule of Civil Procedure 23(a) provides:
“One or more members of a class may sue ... as representative parties on behalf of all only if (1) the class is so numerous that joinder 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.”
Thus, as a prerequisite to certification of a class action, plaintiffs must show that the action satisfies Federal Rule of Civil Procedure 23(a)’s numerosity, commonality, typicality, and adequacy of representation requirements. See In re Am. Med. Sys., Inc., 75 F.3d 1069, 1079 (6th Cir. 1996) (“The party seeking the class certification bears the burden of proof.”). A district court has broad discretion in determining whether to certify a class; yet, it must exercise that discretion within Rule 23’s framework. Id. A district court may not inquire into the merits of the class representatives’ underlying claims, Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974), but should accept the complaint’s allegations as true. Nevertheless, a district court cannot certify a class action based on “its designation as such in the pleadings.” Am. Med. Sys., 75 F.3d. at 1079. Rather, the district court may only certify a class where “an adequate statement of the basic facts” demonstrates that each of Rule 23’s requirements are met. Id. Ordinarily, a district court must determine the permissibility of class certification based upon information other than that which is in the pleadings although it may do so based on the pleadings alone where they set forth sufficient facts. Id. In making such a determination, a district court may draw reasonable inferences from the facts before it. Senter v. Gen. Motors Corp., 532 F.2d 511, 520 (6th Cir. 1976).
Plaintiffs’ proposed class was “all those female employees of [djefendant BeCI, past or present, who now ... [work], will ... [work] in the future, or at any time during the five years proceeding [sic] the commencement of this action have worked for ... BeCI.” As certified by the district court, the class encompasses “[a]ll those female employees of ... [BeCI], 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 ... [BeCI].”
First, we note that the exact scope of the class is unclear. In the allegations in their complaint, plaintiffs use the term plaintiffs synonymously with “all female Correction[s] Officers.” Every named plaintiff either currently works as a correction officer or worked as a corrections officers at some point during the class period. Most of the plaintiffs’ allegations surround BeCI’s discriminatory treatment of them while they worked as corrections officers.
Second, we note that the record does not demonstrate that the district court even determined what plaintiffs’ individual claims of gender discrimination are.
Third, we note that the record does not demonstrate that the district court conducted a “rigorous analysis” as to whether the plaintiffs have shown that the action satisfies Rule 23(a)(2)’s commonality requirement.
In General Telephone Company of the Southwest v. Falcon, 457 U.S. 147, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982), the Supreme Court repudiated a liberal construction of Rule 23(a) that would ordinarily permit “across-the-board” Title VII class actions, in which named plaintiffs would raise claims on behalf of the class that were different than their individual claims on the ground that the employer’s alleged discrimination based on a class characteristic “pervaded, in an across-the-board fashion, all of the employer’s personnel policies and practices.” Griffin v. Dugger, 823 F.2d 1476, 1484-85 (11th Cir. 1987). In Falcon, the district court had permitted Falcon, who alleged that the defendant had not promoted him because he is a Mexican-American, to maintain a class action alleging a pattern or practice of national origin discrimination in violation of Title VII on behalf of both Mexican-American employees whom the defendant denied promotions and Mexican-American applicants for employment whom the defendant had not hired. Falcon, 457 U.S. at 150-52, 155. In upholding the class certification on appeal, the Fifth Circuit reasoned: “[The across-the-board rule] permits an employee complaining of one employment practice to represent another [employee] complaining of another practice, if the plaintiff and the members of the class suffer from essentially the same injury. In this case, all of the claims are based on discrimination because of national origin.” Id. at 153 (citing Falcon v. General Tel. Co., 626 F.2d 369, 375 (5th
In its analysis, the Supreme Court first underscored that Rule 23(a)’s requirements effectively restrict the class claims to those that the named plaintiffs’ claims fairly encompass, and that “a class representative must be part of the class and possess the same interest and suffer the same injury as the class members.” IcL at 156 (internal quotation marks omitted) (emphasis added). As the Court cautioned, although discrimination is necessarily class discrimination, an allegation of discrimination neither demonstrates that the action satisfies Rule 23(a)’s requirements nor defines the proper scope of any class. Id. at 157. As the Court explained:
Conceptually, there is a wide gap between (a) an individual’s claim that he had been denied a promotion on discriminatory grounds, and his otherwise unsupported allegation that the company has a policy of discrimination, and (b) the existence of a class of persons who have suffered the same injury as that individual, such that the individual’s claim and the class claims will share common questions of law or fact and the individual’s claim will be typical of the class claims.
Id. To bridge that gap, according to the Court, plaintiff Falcon must show more than that the defendant denied him a promotion based on his national origin, but must support the additional inferences that: 1) this particular discrimination is typical of the defendant’s promotion practices; 2) a policy of ethnic discrimination that pervades Falcon’s employment division motivates defendant’s promotion practices; and 3) defendant’s other employment practices, like hiring, reflect this policy of ethnic discrimination “in the same way [that] it is manifested in the promotion practices.” Id. at 157-58 (emphasis added). To illustrate, the Court gave two examples of a class action encompassing both employees and applicants that would satisfy both the commonality and typicality requirements: 1) one in which the defendant employer had “used a biased testing procedure to evaluate both applicants for employment and incumbent employees”; and 2) one for which significant evidence exists that “an employer operated under a general policy of discrimination ... if the discrimination manifested itself in hiring and promotion practices in the same general fashion, such as through entirely subjective decisionmaking processes.” Id. at 159 n. 15 (emphasis added). The Court reasoned that “Title VII prohibits discriminatory employment practices, not an abstract policy of discrimination.” Id. Reiterating that “one allegation of specific discriminatory treatment” is insufficient to support an across-the-board Title VII class action, the Court held that plaintiffs pleadings had provided an insufficient basis for the district court to conclude that the adjudication of plaintiffs claim of promotion discrimination would entail the adjudication of any common question concerning defendant’s hiring discrimination. Id. at 158-59. Here, plaintiffs’ pleadings contend that commonality exists because questions of law and fact and the requested relief are common to the class; specifically, plaintiffs’ complaint alleges that: “each [p]laintiff asserts that ... [she has] been the victim of gender discrimination during the tenure of ... [her] employment with [defendant BeCI.... [BeCI’s] gender discriminatory behaviors have affected the rights and expectations of each member of the class.... [BeCI has] willfully and intentionally discriminated against [plaintiffs because of their gender.” In their memorandum supporting their motion for class certification, plaintiffs further allege that the legal question of whether BeCI’s con
Because the complaint and class certification motion tell us nothing about the named plaintiffs’ individual discrimination claims, it is uncertain whether they are raising claims on behalf of the class that are different from their individual claims, as in Falcon. Without deciding, we note that, if the plaintiffs were launching such an “across-the-board” Title VII claim, commonality under Falcon would require the plaintiffs to allege more than an “abstract [or general] policy of [gender] discrimination.” Falcon, 457 U.S. at 159 n. 15. Rather, plaintiffs would have to allege “significant proof’ that BeCI operated under a general policy of gender discrimination that resulted in gender discrimination manifesting itself in “the same general fashion” as to each of the kinds of discriminatory treatment upon which the pattern- or-practice class action rests. Id.
In sum, we find that this record does not demonstrate that the district court conducted the “rigorous analysis” necessary to determine whether plaintiffs have shown that the action meets all of Rule 2S(a)’s requirements, and the district court, in certifying a (b)(2) class, did not address the method by which the individual claims would be determined. For the foregoing reasons, we VACATE the class certification under Rule 23(b)(2) and REMAND for further proceedings consistent with the opinion.
. Plaintiffs' complaint also named Warden Tate as a defendant and alleged various state-law claims; however, only the Title VII claim against BeCI remains, plaintiffs having voluntarily dismissed Tate as well as the state-law claims.
. "To qualify for certification under Rule 23(b)(3), a class must meet two requirements
. Finding it persuasive, the district court principally relied on Hoffman v. Honda of America, Manufacturing, Inc., 191 F.R.D. 530, 536-537 (S.D.Ohio 1999), which held that a district court may certify an action seeking both injunctive relief and monetary damages under Rule 23(b)(2) where it determines, based on the facts and circumstances of a particular case, that monetary damages are not the predominate type of relief requested, and rejected a per se bar to certification of a class seeking both injunctive and monetary relief under (b)(2).
. Only compensatory damages are available here since the state is not subject to punitive damages.
. See, e.g., Allison v. Citgo Petroleum Corp., 151 F.3d 402, 415-18 (5th Cir. 1998) (“Monetary relief predominates in (b)(2) class actions unless it is incidental to requested injunctive or declaratory relief in that it "flow[s] directly from liability to the class as a whole on the claims forming the basis of the injunctive or declaratory relief”; compensatory and punitive damages are not incidental damages, which should be "capable of computation by means of objective standards and not dependent in any significant way on the intangible, subjective difference of each class member’s circumstances.”); Murray v. Auslander, 244 F.3d 807, 812 (11th Cir. 2001)("[M]onetary relief predominates in (b)(2) class actions unless it is incidental to” equitable relief, as set forth in Allison.)- Jefferson v. Ingersoll Int’l, Inc., 195 F.3d 894, 898-99 (7th Cir. 1999) (Allison’s main holding is correct in that class certification under Rule 23(b)(2) when plaintiffs request monetary damages would be permissible, if at all, only where the monetary relief is incidental or tangential to the equitable relief such that it does not implicate the rights to jury trial or to notice; on remand, the district court could consider certifying the class under Rule 23(b)(3) for all purposes or certifying a Rule 23(b)(2) class for equitable relief and a Rule 23(b)(3) class for damages if it found that money damages were not incidental to the injunctive relief.); Lemon v. Int’l Union of Operating Eng’rs, Local No. 139, AFL-CIO,
. We note that, should the district court certify plaintiffs’ pattern-or-practice claim as a hybrid class action, such as by certifying a Rule 23(b)(2) class for equitable relief and a Rule 23(b)(3) class for damages, it must ensure that the class action complies with the Seventh Amendment. In particular, the Seventh Amendment’s Trial-by-Jury Clause, which preserves the right to a trial by juty "in [s]uits at common law, where the value in controversy shall exceed twenty dollars,” mandates that, once the right to a jury trial attaches to a claim, it extends to all of the factual issues that are necessary to resolve that claim. Robinson v. Metro-North Commuter R.R. Co., 267 F.3d 147, 169 (2nd Cir. 2001); see Dairy Queen v. Wood, 369 U.S. 469, 479, 82 S.Ct. 894, 8 L.Ed.2d 44 (1962) (holding that, in an action involving both legal and equitable claims that share common issues, a jury must determine the legal claims before any court determination of the equitable claims). Thus, the Trial-by-Jury Clause would bar the court from determining, in the first instance, any issue in the claim for equitable relief that is common to the claim for money damages because that would foreclose a jury from later determining that common issue in the damages claim. See Dairy Queen, 369 U.S. at 479; Beacon Theatres, Inc. v.
. We recommend that the court re-examine the composition of the class, which includes all those employed in the five years preceding the date upon which plaintiffs filed the action, in light of the requirement that "a party ... must file a charge within either 180 or 300
. For example, plaintiffs allege discriminatory violations of the “Pick-A-Post Agreement,” which apparently only governs corrections officers.
. Neither the complaint nor the motion for class certification alleges the discriminatory treatment that each named plaintiff suffered personally. While that information may be in the plaintiffs' answers to interrogatories, there is no indication that the district court considered those answers in conducting its analysis.
. In this appeal, defendant BeCI contends that the district court abused its discretion in concluding that the plaintiffs have shown that the action satisfies Rule 23(a)(2)’s commonality requirement. Although our analysis centers upon whether the district court conducted the requisite "rigorous analysis” as to the commonality requirement, in particular, we express no opinion as to whether it did so regarding Rule 23(a)’s other requirements; rather, we trust that the district court, on remand, will determine the permissibility of the class certification only after ensuring that it conducted a "rigorous analysis” as to whether the plaintiffs have shown that the action meets all of Rule 23(a)’s requirements. We note that, as the Supreme Court has observed, the requirements of commonality, typicality, and adequacy of representation tend to merge because they "serve as guideposts for determining whether under the particular circumstances maintenance of a class action is economical and whether the named plaintiff’s claim and the class [members’] claims are so interrelated that the interests of the class members will be fairly and adequately protected in their absence.” Gen. Tel. Co. of the Southwest v. Falcon, 457 U.S. 147, 158 n. 13, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982).
Reference
- Full Case Name
- Rachel REEB v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, Belmont Correctional Institution
- Cited By
- 19 cases
- Status
- Published