Harriss
Harriss v. Pan American World Airways, Inc.
Opinion
lead Opinion
Schwarzer, J.
OPINION AND ORDERS DETERMINING WHETHER ACTIONS MAY BE MAINTAINED AS CLASS ACTIONS
INTRODUCTION
Motions are pending before the Court in seven different actions brought under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) for class action determinations under Rule 23(c)(1), Fed.R. Civ.P. 1 All of the motions raised common issues involving the application of Rule 23 to Title VII litigation. For that reason, judicial economy warrants consolidated treatment. We therefore begin with a discussion of the general principles governing the maintainability of Title VII actions as class actions relevant to all of the motions. Next, we shall deal separately with the motions made in each of the actions in the light of these general principles and of the discussion in connection with the other motions.
The Court recognizes that few, if any, hard and fast rules exist with respect to Title VII class actions and, in addition, that the subject presents a moving target as new decisions issue constantly. Nonetheless, analysis of the rule, the statute, the case law and the underlying policies permits a distillation of controlling principles and relevant factors for making the…