University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Parra v. Bashas', Inc. EE-AZ-0134
Docket / Court 2:02-cv-0591-PHX-RCB ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Attorney Organization Impact Fund
Case Summary
On April 4, 2002, current and former Hispanic employees of Bashas', Inc. filed a class action in the U.S. District Court of Arizona under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against Bashas'. The plaintiffs, represented by an Impact Fund ... read more >
On April 4, 2002, current and former Hispanic employees of Bashas', Inc. filed a class action in the U.S. District Court of Arizona under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against Bashas'. The plaintiffs, represented by an Impact Fund attorney and private counsel, sought declaratory, injunctive and monetary relief as well as class certification. They alleged national origin and race discrimination of their employer in pay and working conditions on behalf of themselves and all other similarly situated Latino employees.

After some discovery disputes, Parra v. Bashas', Inc., 2004 WL 5642419, on August 29, 2005, the District Court (Judge Robert C. Broomfield) certified the proposed class on the issue of working conditions, but denied certification of such class as to the issue of pay due to a lack of commonality within the class. Parra v. Bashas', Inc., 2005 WL 6182338 (D. Ariz. Aug. 29, 2005). Plaintiffs subsequently filed a motion for reconsideration and offered to redefine the pay discrimination class. The District Court denied their motion, 2006 WL 5987819, and the plaintiffs appealed the Court's decision to the 9th Circuit Court.

The Court of Appeals reversed the lower court's ruling that the plaintiffs failed to establish commonality within the proposed class regarding the pay discrimination claim, in an opinion by Judge Procter R. Hug on July 29, 2008. The Court found it an abuse of discretion of the lower court and remanded the case back to the District Court for further consideration. Parra v. Bashas', 536 F.3d 975 (9th Cir. 2008).

(In the meantime, the Equal Employment Opportunity Commission was also proceeding against the same defendant, seeing enforcement of an administrative subpoena. The court in this case agreed to plaintiffs' request that that matter be transferred to it. 2009 WL 1024615. )

Upon remand, the District Court (Judge Broomfield) finally granted the plaintiff's original motion for class certification on the pay issue on May 31, 2013. In the same opinion, the court also, at defendants' request, decertified the working conditions class, in light of the recent Supreme Court precedent of Dukes v. Wal-Mart. This ended the decade-long dispute as to the issue of class certification. Parra v. Bashas', Inc., 2013 WL 2407204 (D. Ariz. May 31, 2013).

The case is ongoing.

Emma Bao - 07/18/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
National origin discrimination
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Bashas', Inc
Plaintiff Description Current and former Hispanic employees of a grocery store company with less pay in inferior working conditions than their Caucasian co-workers.
Indexed Lawyer Organizations Impact Fund
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:02−cv−00591 (D. Ariz.) 06/23/2013
EE-AZ-0134-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/02/2002
EE-AZ-0134-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/20/2004 (2004 WL 5642419) (D. Ariz.)
EE-AZ-0134-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/29/2005 (2005 WL 6182338) (D. Ariz.)
EE-AZ-0134-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/29/2006 (2006 WL 5987819) (D. Ariz.)
EE-AZ-0134-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Opinion 07/29/2008 (536 F.3d 975)
EE-AZ-0134-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/15/2009 (2009 WL 1024615) (D. Ariz.)
EE-AZ-0134-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/31/2013 (291 F.R.D. 360) (D. Ariz.)
EE-AZ-0134-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Broomfield, Robert Cameron (FISC, D. Ariz.)
EE-AZ-0134-0001 | EE-AZ-0134-0002 | EE-AZ-0134-0004 | EE-AZ-0134-0005 | EE-AZ-0134-0006 | EE-AZ-0134-9001
Hug, Procter Ralph Jr. (Ninth Circuit)
EE-AZ-0134-0003
Monitors/Masters None on record
Plaintiff's Lawyers Kahn, Andrew J. (California)
EE-AZ-0134-0007 | EE-AZ-0134-9001
Larkin, Jocelyn Dion (California)
EE-AZ-0134-9001
Lawrence, Elizabeth A. (California)
EE-AZ-0134-9001
Defendant's Lawyers Deeny, Raymond Miles (Colorado)
EE-AZ-0134-9001
Janicik, Douglas David (Arizona)
EE-AZ-0134-9001
Kennedy, Thomas J. (Arizona)
EE-AZ-0134-9001
Olsen, Theodore Alan (Colorado)
EE-AZ-0134-9001
Quincy, Stephanie J. (Arizona)
EE-AZ-0134-9001
Schallop Call, Elizabeth Anne (Arizona)
EE-AZ-0134-9001
Other Lawyers Wedel, Jennifer S. (California)
EE-AZ-0134-9001

- click to show/hide ALL -

new search
page permalink

- top of page -