The district court dismissed this employment-discrimination case,
Twelve pages is longer than the model complaints appended to the Rules of Civil Procedure, and we agree with the district court that most averments after page five could have been omitted. By page five the complaint has told us who the plaintiff is, what position the defendants occupy (members of .the Board of Directors of School District 15 in DuPage County, Illinois), stated that the plaintiff was turned down for teaching jobs at District 15, and asked to proceed on behalf of a class of similarly situated applicants. The essential allegations that make these. events into a “claim for relief’—that Bennett was qualified and that she “was not permitted to interview for the position(s) because of her race”—appear on page five. Page 12 contains the demand for relief. The intervening six pages add detail (much of it repetitive, though some is potentially applicable to the class aspect), state that plaintiff wants to pursue a disparate-impact theory as well as a disparate-treatment claim, and assert four separate claims *518 that appear to be different legal characterizations of the same events.
Complaints need not plead law or match facts to every element of a legal theory, so most averments in these six pages were unnecessary. See
Bartholet v. Reishauer A.G. (Zurich),
As for Rule 12(b)(6): a requirement that complaints contain all of the evidence needed to prevail at trial, or at least all the facts that would have been required under the pre-1938 system of code pleading, would induce plaintiffs to violate Rule 8(e) (“Each averment of a pleading shall be simple, concise, and direct”) by larding their complaints with facts and legal theories. The Rules of Civil Procedure make a complaint just the starting point. Instead of lavishing attention on the complaint until the plaintiff gets it just right, a district court should keep the case moving—if the claim is unclear, by requiring a more definite statement under Rule 12(e), and if the claim is clear but implausible, by inviting a motion for summary judgment.
Because racial discrimination in employment is “a claim upon which relief can be granted”, this complaint could not be dismissed under Rule 12(b)(6). “I was turned down for a job because of my race” is all a complaint has to say. Because success on a disparate-treatment approach under Title VII of the Civil Rights Act of 1964, or under the equal protection clause of the fourteenth amendment, enforced via 42 U.S.C. § 1983, requires proof of intentional discrimination, a plaintiff might want to allege intent—al- • though this is implied by a claim of racial “discrimination”. Rule 9(b) provides: “Malice, intent, knowledge, and other condition of mind of a person may be averred generally.” Bennett’s complaint contains a general allegation of intent, which need not be elaborated. See
Nance v. Vieregge,
Defendants urge on us another supposed defect in the complaint. They observe that the complaint seeks relief under state as well as federal law but that it does not identify any “state causes of action.” This is a defect, however, only if a complaint must identify legal theories. It need not. This is the difference between notice pleading and code pleading; abandonment of code pleading is the fundamental choice behind Rule 8, the reason why it does not contain the phrase “cause of action,” a term of art in code-pleading days. Reishauer discusses this history. Defendants received notice that Bennett believed that their refusal to hire her *519 was racial discrimination; that is all the notice a complaint has to convey. A general reference to state law would not support, say, a claim that Bennett slipped on ice and was injured while applying for a job, for the complaint does not give notice about any claim other than employment discrimination; but having stated a discrimination claim the complaint need not' offer specifics about which rules of law, state or federal, racial discrimination offends.
Pressure from the flux of cases makes early disposition of weak claims attractive, freeing judicial time for others that appear to have superior prospects. Matters that formerly were tried now are resolved by summary judgment. But the next time-saving step — resolving under Rule 12(b)(6) matters that formerly were handled by summary judgment — is incompatible with the Rules of Civil Procedure. Litigants are entitled to discovery before being put to their proof, and treating the allegations of the complaint as a statement of the party’s
proof
leads to windy complaints and defeats the function of Rule 8. See, e.g.,
Hishon v. King & Spalding,
Litigants may plead themselves out of court by alleging facts that establish defendants’ entitlement to prevail. Nothing in Bennett’s complaint -shows that defendants are entitled to victory, however. The district court thought that Bennett’s disparate-impact data were outdated and used the wrong reference population, not that they conclusively establish the lawfulness of defendants’ practices; better data might be gathered during discovery. And nothing in the complaint suggests that Bennett will encounter difficulty in proving intentional discrimination (disparate treatment); this territory is so far unexplored.
Defendants ask us to affirm the judgment on grounds that the district court did not reach. One is that Bennett’s administrative charge under Title VII did not include a disparate-impact claim. Another is that the only defendants named in the caption of the amended complaint are the members of the school board (expressly sued in their “individual capacities” to avoid problems under the eleventh amendment), while Title VII provides for liability only of the school district as the employer. See
Williams v. Banning,
What should be the district court’s first order of business on remand is the complaint’s class allegation. Despite Fed.R.Civ.P. 23(c)(1) — “As soon as practicable af *520 ter the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained.”— the district court entered final judgment without determining whether class status is appropriate. Perhaps Bennett is a poor representative of other disappointed applicants; perhaps there are other obstacles to class certification. But everyone (including the putative class members) is entitled to know promptly whose interests are on the line.
VACATED AND REMANDED.
