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7th Circuit rules on Rolls-Royce job-bias case

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A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.

The 18-page decision came late Wednesday afternoon in the case of Sally A. Randall, et al. v. Rolls-Royce Corp., No.10-3446, delving into how far the federal class-certification rules can be stretched when questions exist about the adequacy of certain plaintiffs and potential class members.

U.S. Judge Sarah Evans Barker in the Southern District of Indiana last year denied a class-certification motion by Sally Randall and Rona Pepmeier, who asked the court to certify a class comprised of all women who’d been employed by Rolls-Royce in Indianapolis at certain pay levels since October 2004. The suit alleged the company had paid women less than men for the same or similar work, and perpetuated the pay disparity over time by failing to equitably adjust female workers' salaries. The January 2009 suit alleged both intentional and disparate impact pay discrimination and retaliatory acts, and violations of Title VII and the Equal Pay Act.

They filed the suit under Federal Rule of Civil Procedure 23(b)(2), which offers slightly more relaxed requirements in proving class status than Rule 23(b)(3), which mandates notice for all potential class members. Randall and Pepmeier argued that the commonality requirement of the class-certification rule was met because Rolls-Royce had a company-wide policy of premising pay on prior base salaries carried forward from the past, but Judge Barker was skeptical of whether that so-called policy had any meaning or value in determining whether all the plaintiffs or potential class members shared similar facts.

Judge Barker also questioned whether there was a common element between all the named plaintiffs and potential class members.

The 7th Circuit affirmed Judge Barker’s denial of the plaintiffs' class-certification motion and determined that she had rightly granted summary judgment in the company’s favor. The appellate panel agreed with Judge Barker that the named plaintiffs here appear to be inadequate class representatives because of varying pay issues and even conflicts about their involvement in management decisions applying to those lower employees who could be class members.

Judge Richard Posner wrote for the panel that the proper approach in this case would have been for the plaintiffs to seek class certification under Rule 23(b)(3) — which requires full notice so they can opt out if they want to bring an independent suit for damages or other monetary relief. Plaintiffs should ask for injunctive as well as monetary relief, he wrote. Reversing the denial of class certification would actually jeopardize the ability of unnamed class members to obtain relief in individual suits or in a subsequent class action, according to the ruling.

“The plaintiffs argue that if only equitable relief is sought, a class action suit may be maintained under Rule 23(b)(2) even if the equitable relief is mainly monetary,” Judge Posner wrote. “We disagree. To read ‘injunctive’ in the rule to mean ‘equitable’ is to become mired in sticky questions of differentiating between ‘legal’ and ‘equitable’ actions – and such questions abound.”

In noting how this case illustrates a need to calculate back pay for all class members and that 500 separate hearings would likely be needed for that, Judge Posner also said, “The monetary tail would be wagging the injunction dog” and that it wouldn’t provide final injunctive relief as the plaintiffs are contending.

While this appellate ruling affirms the District judge, it may not end there as larger questions still exist about the scope of Rule 23(b)(2) as the 7th Circuit interpreted it here. That is the same question being explored by the Supreme Court of the United States, which on Tuesday heard arguments in the giant gender-discrimination suit of Walmart v. Dukes, No. 10-277. The case involves a nationwide class-action suit potentially encompassing hundreds of thousands of female Wal-Mart employees alleging gender discrimination, and the legal question is whether claims of monetary relief can be certified under 23(b)(2) and if so, under what circumstances.

In writing this Rolls-Royce ruling on the Indiana suit, Judge Posner pointed out that “the present case is not as big a stretch, but it is big enough” as it relates to how far Rule 23(b)(2) can be stretched.

No timeline stands for the nine justices to decide the Wal-Mart case, but they’ll likely issue a ruling by the time their current term concludes at the end of June.
 

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  • RUINED CAREERS
    Since this involves 500 women of Rolls-Royce, and there are probably all of the female employees being discriminated against there,I would think there is an obvious gender discrimination culture that not only affects the women's finances, but also ruins their trust in the male culture of this country to the point they lose their faith in mankind. Another lawsuit should be brought forth, based on the pain and suffering these women must be going through, as their careers are ruined and their lives are shattered.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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