In an appeal from the denial of plaintiffs' motion for class certification in an employment discrimination action, denial of the motion is vacated where: 1) plaintiffs presented compelling direct evidence of discrimination sufficient to meet the Fed. R. Civ. P. 23 commonality requirement; and 2) there was insufficient evidence that each of the employer's departments was so autonomous as to justify classifying them as separate environments.
Argued: January 27, 2009
Decided: August 7, 2009
Opinion by Judge Gregory
Earle Duncan Getchell, Jr., McGuireWoods, L.L.P., Richmond, VA