EEOC Redux: Federal Judge Holds California State Agency Exempt From Rule 23 Requirements

We previously blogged about DFEH v. Law School Admissions Council, Inc., No. 12-CV-1830, 2013 U.S. Dist. LEXIS 57431 (N.D. Cal. April 22, 2013), and the recent motion filed by the California Department of Fair Employment and Housing (“DFEH”), which asked the Court to allow the agency to proceed for “group relief” under the “pattern or practice” framework applicable to EEOC-initiated Title VII enforcement actions, rather than meeting the requirements of Rule 23 for class certification. On April 22, 2013, Judge Edward M. Chen of the U.S. District Court for the Northern District of California determined that the DFEH is not required meet the requirements of Rule 23; instead, because it is pursuing a government enforcement action, the agency is exempt from the requirements of Rule 23 when pursuing a case on behalf of a group of employees.

The ruling is novel, and vitally important for companies facing the prospects of governmental enforcement litigation with state agencies.

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