Budreck

MEMORANDUM OF OPINION

This case came before the Court on defendant Crocker National Bank’s motions to dismiss, to strike, to make more definite, and to sever portions of plaintiffs’ complaint. Plaintiffs, five individuals suing on behalf of themselves and various classes of defendant’s past, present and future employees, allege that defendant “has a policy of discriminating against its employees who are minorities, women, or persons between 40 and 65 years old * * *.” Relief is sought under 42 U.S.C. §§ 2000e et seq. (Title VII of the Civil Rights Act of 1964, as amended, hereinafter “Title VII”), 42 U.S.C. § 1981 (Civil Rights Act of 1866), and 29 U.S.C. §§ 621 et seq. (Age Discrimination in Employment Act). Jurisdiction is alleged to exist under 28 U.S.C. § 1331 , 42 U.S.C. § 2000e-5(f)(3), and 29 U.S.C. § 626c.

The Court ruled on defendant’s motions from the bench, but, because of the unsettled state of the case law concerning several of the issues raised by defendant, the Court decided that a written memorandum of opinion in support of certain of the rulings was appropriate. The motions to be discussed were premised on the argument that dismissal was appropriate because of…