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Civil Procedure Keyed to Field
General Telephone Co. v. Falcon
Citation:
457 U.S. 147 (1982)Facts
In 1969, General Telephone initiated a special minority recruitment program through which Mariano Falcon was hired as a groundman. Within one year, he received two promotions, first to lineman and then to lineman-in-charge, though he later refused promotion to installer-repairman. In October 1972, Falcon applied for field inspector position but was denied despite several white employees with less seniority receiving the promotion. Falcon filed charges with the EEOC alleging national origin discrimination and subsequently brought a Title VII action as a class action on behalf of Mexican-American employees and applicants at General Telephone’s Irving, Texas facility. The complaint alleged a policy of discrimination but contained no specific factual allegations concerning hiring practices. The District Court certified the class without evidentiary hearing, and after trial found discrimination against Falcon in promotions but discrimination against the class only in hiring practices.
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