(1) Numerosity means the class is so numerous that joinder of the claims is not practicable. 9īefore certifying a class, the AJ must find that the complaint satisfies the elements of numerosity, commonality, typicality, and adequacy of representation, 10 defined as follows: 8 If the AJ dismisses a class complaint, and the agency agrees with the dismissal decision, the complainant can then appeal to OFO or file a lawsuit in federal court. 7Īs with an individual complaint, the AJ can dismiss the class complaint on grounds set forth at 29 C.F.R. Additionally, the AJ can redefine the class at any point in the proceedings. The AJ can ask the class agent to clarify definitions of the class and the bases and issue(s). 6 The AJ can provide technical help to the class agent (the person who purports to act for the class). The AJ's first and foremost duty is to protect the interests of the members of the class, who ordinarily do not participate in the process but whose rights may be affected. The file may contain more documents if complainant raised class allegations later in the process. The class complaint file may only contain the counselor's report and the complaint itself. The class case usually comes to the EEOC hearings unit already counseled as a class complaint and filed as such. Rather, within 30 days of receipt of the complaint, the agency must forward the complaint to the appropriate EEOC District or Field office hearings unit for a determination by an AJ as to whether the class should be certified. 3 When an agency receives such a complaint, it cannot investigate the complaint or dismiss the complaint or otherwise continue processing the case. When a person files a formal complaint in the administrative process attempting to represent a group of potential complainants who have the same or similar claims of employment discrimination, this constitutes a class complaint. Digest summaries and articles themselves do not have the force of law and the reader is advised to look to the actual decisions and other sources discussed for a more precise understanding of applicable EEO law. Some decisions cited to for illustrative purposes may have appeared in previous Digests. For a more detailed discussion of the topics addressed in this Digest, see EEOC's website at: and the statutes, regulations, decisions, guidance, and directives cited in these articles. The goal is not to provide an exhaustive study of complex legal subjects. The reader is reminded that, as with all Digest contents, the following material is not intended as legal advice, but, rather, to inform. § 1614.204." 1 This issue of the Digest will detail the remainder of the EEO process, beginning with Part 5 ("Class Complaints") and concluding with Part 8 ("Settlement Agreements and Claims of Agency Noncompliance"). The principles reflected in those procedures are also intended to "guide the processing of class complaints of discrimination under 29 C.F.R. Part 1614-and further amplified in EEOC Management Directive 110 (MD-110)-from the initiation of the counseling process through the investigation (Parts 1 through 4). The previous issue of the Digest (Winter 2009) detailed the EEO process with regard to the processing of individual EEO complaints of discrimination, in accordance with 29 C.F.R. The Digest is now available online through EEOC's homepage at AN OVERVIEW OF THE EEO PROCESSįROM CLASS COMPLAINTS THROUGH ENFORCEMENT Introduction: A Note to the Reader Writers: Robyn Dupont, Gerard Thomson, Arnold Rubin, Joseph Popiden Gallegos, Acting Director, OFO's Special Services Staff The Digest of EEO Law is a quarterly publication of EEOC's Office of Federal Operations (OFO)ĭouglas A.
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