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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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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