Piva
Piva v. Xerox Corp.
Opinion
lead Opinion
Sweigert, J.
MEMORANDUM OF DECISION
This is an employment discrimination action invoking jurisdiction under 28 U.S.C. §§ 1343 (4), 2201, and 2202, and 42 U.S.C. § 2000e-5(f), brought under Title VII of the Civil Rights Act of 1964 (hereinafter, Title VII), 42 U.S.C. § 2000e et seq., by plaintiff Jacqueline R. Piva, a former employee of defendant Xerox Corporation, on behalf of herself and all other women similarly situated, alleging discrimination on the basis of sex and seeking injunctive and declaratory relief as well as reinstatement and an award of back pay.
The case is now before the Court on plaintiff’s motion for a determination that the action is maintainable as a class action (Doc. No. 47).
THE RECORD
The evidentiary record before the court on the pending motion consists of the unverified complaint along with evidentiary matter outside the pleadings as follows:
Plaintiff’s certificate of counsel with attached Exhibits 1A, IB, 2 — 4, 5A, 5B (attached to Doc. No. 71);
Defendant’s affidavit of Middlesworth with attached Exhibits A — D and El — E5 (Doc. No. 63); affidavits of Mackin and Orlando (Doc. Nos. 64 and 65); affidavit of Haas with attached Exhibits 1, 6, 16, 20, 21, 24, 29,…