In a proposed class action consisting of 500 Latino employees and job applicants alleging discriminatory policies, which factor is most likely to prevent class certification?

In a proposed class action consisting of 500 Latino employees and job applicants alleging discriminatory policies, which factor is most likely to prevent class certification?

• A. The class is so numerous that joinder of all members would be impracticable.
• B. There are questions of law or fact common to the class members.
• C. The class is so numerous that joinder would be impracticable.
• D. Potential conflicts of interest among class members undermine the adequacy of representation.

Answer: (D)

The key concept here is adequacy of representation under class certification. For a class action to go forward, the court must be confident that the named plaintiffs and their counsel can fairly and adequately represent the interests of the entire class. If there are potential conflicts of interest among class members that would prevent the representatives or their lawyers from vigorously and loyally pursuing all members’ claims, certification may be denied. In this scenario, there are 500 Latino employees and job applicants alleging discriminatory policies. The large number supports numerosity, and discriminatory policies typically raise common questions of law or fact, so those prerequisites are usually met. What could block certification is a real risk of conflicts among class members that would undermine adequate representation. For example, current employees and job applicants might have different stakes, remedies, or strategic goals, making it hard for the class representatives and counsel to protect everyone’s interests uniformly. If such conflicts exist, the court is unlikely to certify the class. Thus, the factor most likely to prevent certification is potential conflicts of interest among class members that undermine the adequacy of representation.

The key concept here is adequacy of representation under class certification. For a class action to go forward, the court must be confident that the named plaintiffs and their counsel can fairly and adequately represent the interests of the entire class. If there are potential conflicts of interest among class members that would prevent the representatives or their lawyers from vigorously and loyally pursuing all members’ claims, certification may be denied.

In this scenario, there are 500 Latino employees and job applicants alleging discriminatory policies. The large number supports numerosity, and discriminatory policies typically raise common questions of law or fact, so those prerequisites are usually met. What could block certification is a real risk of conflicts among class members that would undermine adequate representation. For example, current employees and job applicants might have different stakes, remedies, or strategic goals, making it hard for the class representatives and counsel to protect everyone’s interests uniformly. If such conflicts exist, the court is unlikely to certify the class.

Thus, the factor most likely to prevent certification is potential conflicts of interest among class members that undermine the adequacy of representation.