Stephens

Plaintiff Anita Leslie Stephens appeals from an order denying class certification in this action charging defendant Montgomery Ward and several of its managerial employees (collectively referred to as Wards) with sex discrimination in violation of California’s Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). Specifically, Stephens seeks to represent a class of women who have been excluded from holding managerial positions in certain sales departments and other upper management positions. We conclude the named plaintiff has not been shown to be qualified as a class representative. However, in all other respects, the requirements for maintaining a class action are satisfied.

Stephens has worked for Wards for over a decade. She alleges that since 1979 she has been qualified and available to serve as a manager of a “reserve” department, but has not been promoted because of her sex. “Reserve” departments are certain retail departments which plaintiff alleges are reserved by Wards for male managers. These departments include: sporting goods, auto parts, truck tires, building materials, paint, plumbing supplies, electrical supplies, television-stereos, stoves,…