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23(B)(2) Class Certification: Choosing An Approach For Certifying Civil Rights Discrimination Class Action Suits, James T. Tsai
23(B)(2) Class Certification: Choosing An Approach For Certifying Civil Rights Discrimination Class Action Suits, James T. Tsai
ExpressO
The passage of the 1991 amendments to the Civil Rights Act granted injunctive as well as monetary damages for impermissible discrimination in the workplace. The Act also created a tension with the last revision of the Federal Rules of Civil Procedure in 1966. This revision prohibits the certification of a class under Rule 23(b)(2) if the damages sought are predominantly monetary in nature. On one end of this resulting tension is the desire to protect individuals rights to “opt-out” of a class action suit and maintain future individual actions. On the other end is the desire for judicial economy and …