Rodrigues
Rodrigues v. Pacific Telephone & Telegraph Co.
Opinion
lead Opinion
Sweigert, J.
*415 MEMORANDUM OF DECISION
This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the Civil Rights Act of 1866 ( 42 U.S.C. § 1981 ) by plaintiff Harry Rodrigues, on behalf of himself and others similarly situated, against his present employer, defendant Pacific Telephone & Telegraph Company, alleging that defendant systematically discriminates against Spanish-surnamed employees with respect to the promotion of such employees to second and district level management positions. Plaintiff seeks declaratory and injunctive relief, backpay, and compensatory and punitive damages.
The action is presently before the court on defendant’s motion to dismiss the class aspects of the action (Doc. No. 31), which motion shall be treated by the court herein as a motion for determination that the action is not maintainable as a class action under Rule 23, Fed.R.Civ.P.
THE PROPOSED CLASS
As defined in the complaint, the proposed class consists of all other Spanishsurnamed first and second level management employees of the defendant who were employed during the period from January 1, 1970 to the present and have been…