18th Annual Workplace Class Action Report - 2022 Edition

III. Significant Federal Employment Discrimination Class Action And EEOC Pattern Or Practice Rulings Annual Workplace Class Action Litigation Report: 2022 Edition 43 This Chapter examines rulings in 2021 in employment discrimination class action cases arising under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Americans With Disabilities Act, and the Uniformed Services Employment and Reemployment Rights Act, as well as “pattern or practice” enforcement actions brought by the U.S. Equal Employment Opportunity Commission. Rulings are divided into these two substantive sections, and sub-divided into the federal circuits in which the appellate or district court rendered the decision. The plaintiffs’ bar had mixed success on Rule 23 motions in 2021, as illustrated by the following map: Analysis Of Employment Discrimination Decisions CIRCUIT COURT D.C. Circuit Conditional Certification Motions Granted 0 0 2 1 0 2 0 1 4 2 1 0 Conditional Certification Motions Denied 0 1 0 0 0 0 2 0 1 0 1 0 Sub-Total: 13 Certifications Granted / 5 Certifications Denied A. Cases Certifying Or Refusing To Certify Employment Discrimination Class Actions (i) First Circuit No reported decisions. (ii) Second Circuit Richardson, et al. v. City Of New York, 2021 U.S. Dist. LEXIS 90822 (S.D.N.Y. May 12, 2021). Plaintiffs filed a putative class action alleging that the Fire Department of New York (“FDNY”) engaged in discriminatory hiring, promotion, and compensation decisions with respect to the FDNY’s civilian workforce, which was distributed across six main job groups, including Management Specialists, Science Professionals, Health Professionals, Clerical Supervisors, Clerical, and Craft workers. Plaintiffs alleged that these personnel decisions had not produced equal outcomes across racial groups, and claimed that the FDNY’s hiring processes had resulted in a