(2) Peoples has refused to hire black job applicants for work at its stores in white or predominantly white neighborhoods;
(3) Peoples has refused to initially assign or transfer its black employees to its stores in white or predominantly white neighborhoods
(4) Peoples has maintained a practice of assigning and transferring its black employees to stores in black or predominantly black neighborhoods;
(5) Peoples has refused to hire black job applicants for, or promote black employees to, the positions of assistant store manager, store manager, and district manager.
Clearly, only the last four of these claims would be applicable to a class of people. Since Herrod is no longer employed by Peoples, it appears that there are only two ways in which he might claim a personal interest in these alleged policies. The first would be if he should show that he was psychically injured by these policies when he was employed by Peoples. Passing over the question of whether that is a recognizable injury, the Court does not believe that this would give the plaintiff a sufficient stake in these claims to justify letting him represent the entire class of people who might be substantially affected by these alleged policies.
The second way that he might have an interest would be if he should in fact show that he was wrongfully discharged, that he should be rehired, and that he needs these policies removed in order to advance in the Peoples's organization. But courts rarely, if ever, order an employer to rehire an employee, and the plaintiff has not asked for this remedy.
In sum, the Court holds that there is no basis on which to say that the plaintiff will adequately represent these class claims.
Accordingly, it is this 20th day of September, 1976,
ORDERED that the parties' motion to assess damages against the deponent D.C. Unemployment Compensation Board be, and the same hereby is, denied; and it is
FURTHER ORDERED that the plaintiff's motion for certification of this case as a proper class action be, and the same hereby is, denied.
John J. Sirica / United States District Judge
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