The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable (numerosity); (2) common questions of law or fact exist as to the class (commonality); (3) the claims of the representative parties are typical of the claims of the class (typicality); and (4) the representative parties will adequately protect the interest of the class (representativity).
The Class Action and Title VII- An Overview,
U. Rich. L. Rev.
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