News Article

Class-action Part of Coca-Cola Suit Is Not Dismissed

The Atlanta Constitution

Published: July 16, 1999

ATLANTA -- Coca-Cola Co. failed Thursday in its bid to get the class-action portion of a racial discrimination suit dismissed.

U.S. District Judge Richard Story said it would be "premature" and a " disservice" to both sides to throw out the class-action allegations at such an early stage in the case. The information gathering, or "discovery," process has just begun.

"One of the grave concerns I have is a lack of knowledge," Story said during the two-hour hearing in Atlanta. As a result, he wants both sides to spend the next few months accumulating and exchanging information, analyzing documents and taking depositions.

Four current and former Coca-Cola employees have sued the company, alleging discrimination against African-American employees in pay, promotions and performance evaluations.

Coca-Cola denies it has discriminated against African-Americans. But the company unsuccessfully argued Thursday that there are too many individual facts and circumstances among existing and prospective plaintiffs for the case to ever be handled as a class-action suit.

Plaintiffs' attorneys Cyrus Mehri and Pamela Coukos said they were delighted with the ruling.

"The most powerful institution in the South tried to turn back the clock," Mehri said, referring to the company's attempt to get the class-action claims dismissed. But, he added, a "courageous judge" stopped it.

"This isn't the time to do a victory lap," Mehri added. "This is the time to roll up our sleeves and get to work. "