The federal appeals court for the District of Columbia circuit has denied class certification to a group of employees in the Naval Sea Systems Command who alleged discrimination on the basis of gender and or race, finding that they failed to file for class certification on time.
A federal district court denied their application for class status because after failing to resolve the matter with an equal opportunity counselor, and receiving notice explaining the administrative complaint procedure, they missed the 15-day window to file for class status under Title VII of the Civil Rights Act of 1964.
However, the employees cited rule 23 of the Federal Rules of Civil Procedure which gives appeals courts discretion to entertain an interlocutory appeal from an order of a district court granting or denying class action certification, according to appeals court decision No. 05-5132.
The appeals court said however that it limits rule 23 interlocutory appeals to those that present issues relating to rule 23’s certification requirements. Given that the district court denied class certification because it found the petitioners failed to comply with requirements imposed by title VII — and not rule 23 — it declined to hear the appeal.
