League of United Latin American Citizens v. City of Salinas Fire Department

MEMORANDUM OF OPINION AND ORDER RE CLASS CERTIFICATION

This action is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, the Civil Rights Act of 1866, 42 U.S.C. § 1981 , and the Civil Rights Act of 1871, 42 U.S.C. § 1983 , to redress alleged discrimination against Mexican-Americans practiced by defendant City of Salinas Fire Department and the other defendants with respect to promotions and hirings for the Fire Department. In previous proceedings, the court has concluded the promotions aspect of the case with a finding of discrimination against plaintiff Gilbert Padilla. By the present motion, plaintiffs League of United Latin American Citizens, Monterey County Chapter (“LU-LAC”), and Gilbert Padilla, and plaintiff-intervenor Mario Martinez move for an order permitting this action to be maintained as a class action pursuant to Rule 23(a) and (bX2) of the Federal Rules of Civil Procedure with respect to plaintiffs’ claims of discrimination in defendants’ hiring process. The proposed class consists of:

The court finds that class action status is appropriate for this case. As is detailed below, however, the definition of the class must be…