Lemon v. International Union Of Operating Engineers, Local No.

13 216 F.3d 577 (7th Cir. 2000)

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Nature of the Case

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Facts

Union (D) represents heavy-equipment operators in Wisconsin and administers an employment referral hall through which its members can find work. Members may fill out data cards listing their qualifications and place themselves on the referral hall's 'out-of-work list.' Contractors seeking heavy-equipment operators in Wisconsin regularly contact D, and D matches those contractors with members on the out-of-work list qualified to handle the jobs. According to D, the referral hall doles out work assignments to registered operators according to their qualifications, geographic proximity and ordinal seniority on the out-of-work list. Ps are members of D who sought work through the referral hall and claim that D intentionally discriminated against them as racial minority members and women by diverting work opportunities to white males. Ps filed a class-action lawsuit on behalf of all minority and female members of D, alleging violation of Title VII of the Civil Rights Act, 42 U.S.C. sec.sec. 2000e to 2000e-17. Ps sought a jury trial for declaratory and injunctive relief, as well as compensatory and punitive damages. Ps moved under Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure to certify a class of more than 400 minority and female members against whom D allegedly discriminated in its operation of the referral system. Magistrate Judge Patricia Gorence recommended certification of the class under Rule 23(b)(2) and mentioned in passing that 'the plaintiffs [also] have satisfied the criteria of Rule 23(b)(3).' The district court adopted the magistrate's recommendation and certified the class under Rule 23(b)(2). D filed an interlocutory appeal to challenge certification of the plaintiff class.