Full opinion text
MEMORANDUM DECISION AND ORDER FRANK MAAS, United States Magistrate Judge. In this putative class action, Plaintiffs, individually and on behalf of others similarly situated, allege that the process by which the United States Census Bureau (“Census Bureau”) screens applicants for temporary jobs- for the Decennial Census is racially discriminatory and therefore violates Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Specifically, the Plaintiffs challenge (a) the Census Bureau’s policy requiring all applicants with criminal records to provide “official court documentation” of their prior arrests and convictions within thirty days after their receipt of a demand letter, and (b) the criteria the Census Bureau uses to determine whether an applicant who complies with such a demand is suitable for employment. The Plaintiffs contend that the Census Bureau’s screening practices are neither job-related nor consistent with business necessity, and disproportionately preclude African-Americans and • Latinos from obtaining employment with the Census Bureau because these groups have higher arrest and conviction rates than Caucasians. On July 8, 2013, the Plaintiffs filed a motion to certify this action as a class action under Rule 23 of the Federal Rules of Civil Procedure. (ECF No. 166). On December 16, 2013, before the parties finished briefing the class certification motion, the Census Bureau filed a motion to dismiss for lack of subject matter jurisdiction. (ECF No. 225). As grounds for that motion, the Census Bureau alleges that each of the named plaintiffs lacks constitutional standing to pursue relief under Title VII. Both motions are now fully submitted. I. Background A. Census Bureau The Census Bureau is an agency of the United States Department of Commerce. (Who We Are, United States Census Bureau, http://www.census.gov/aboutus/who. html (last visited July 1, 2014)). Every ten years, as Article I, Section 2 of the United States Constitution requires, the Census Bureau conducts a Population and Housing Census, commonly known as the Decennial Census. (About What We Do, United States Census Bureau, http://www.census. gov/aboutus (last visited July 1, 2014); What is the Census?, United States Census 2010, http://www.census.gov/2010 census/ about (last visited July 1, 2014)). The Government uses the data collected during each Decennial Census to apportion seats in the United States House of Representatives, to inform redistricting decisions, and to allocate substantial amounts of federal funding. (ECF No. 204 (Decl. of Ass’t U.S. Att’y Tara La Morte, dated Oct. 28, 2013), Exs. 1 at USA38988, 2 at USA 7667). ' B. Census Bureau Hiring Process 1. Initial Application Stage The 2010 Decennial Census required the Census Bureau to fill over 1.3 million temporary positions nationwide between October 2008 and September 2010. (ECF No. 205 (Decl. of Viola Lewis Willis, dated Oct. 28, 2013 (“Willis Decl. I”)), ¶ 2). Recruiting and hiring for these positions was conducted on a regional basis by “Local Census Offices” (“LCOs”). (Id. ¶ 7). Although each LCO had its own hiring needs, applicants across the country all were subject to the same initial application procedures and had to meet the same basic qualifications. At the outset, each applicant had to complete an application form to confirm that the applicant was over eighteen years of age, had a Social Security number, and had registered for the selective service if he was a male born after 1959. (ECF Nos. 169-170 (Decl. of Ossai Miazad, Esq., dated June 28, 2013 (“Miazad Decl. I”)), Ex. 71 at USA32563-67). The application form further inquired as to the applicant’s citizenship status, hours of availability, means of transportation, former military service, and foreign language skills, although none of these criteria was dispositive at the initial application stage. (Id.). After submitting initial applications, applicants were required to take a written test, which the Census Bureau used to ascertain whether the applicant could follow written instructions, perform simple mathematical computations, and complete other job-related tasks. , (ECF No. 227 (Decl. of Viola Lewis Willis, dated Dec. 16, 2013 (‘Willis Decl. II”)), Ex. A at USA1758). To qualify for a. spot in the applicant pool, "candidates generally had to score 70 or higher on the exam, inclusive of any “preference points” awarded to«veterans. (Miazad Decl. I, Ex. 56 at USA 45163; Willis Decl. I, ¶ 10). Applicants who scored below 70 were permitted to take the test again in an effort to improve their scores. (Willis Decl. I, IT 4). The highest score that an applicant achieved would supersede all prior test scores on file. (Id.). 2. Criminal Background Screening and Adjudication Applicants who submitted an application and completed the written exam were required -to undergo a criminal background check. (ECF No. 206 (Decl. of Sandra Patterson, dated Oct. 28, 2013 (“Patterson Deck”)), ¶ 3). At the outset of the process, the Census Bureau ran each applicant’s name, date of birth, and Social Security number through the criminal history database of the Federal Bureau of Investigation (“FBI”). (Id.). The Plaintiffs allege that this “namecheck” process often returned multiple “hits” for a single applicant and resulted in false positives for applicants who had common names or had used aliases in the past. (See ECF No. 176 (Pis.’ Mem. of Law in Supp. of Mot. for Class Cert. (“Pis.’ Class Cert. Mem.”)) at 15). If the FBI database returned a criminal history for a particular applicant, LCO staff members would review its contents using certain criteria to determine whether to treat the applicant as immediately available for hire, or to request further information from the applicant. (Patterson Decl., ¶¶ 4-5). According to the Plaintiffs, this namecheck adjudication did not consider the disposition of the applicant’s cases, the amount of time that had passed since the arrests occurred, the nature of the applicant’s offenses, or whether the position the applicant sought involved interaction with the public. (ECF No. 125 (Second Am. Compl. (“SAC”)), ¶¶2, 15-16). If the LCO staff determined that more information was necessary, the Census Bureau sent a form letter (the “30-day Letter”) requiring the applicant to provide “official court documentation on any and all arrest(s) and/or conviction(s)” within thirty days. (Patterson Decl., ¶ 5; Miazad Decl. I, Ex. 70 at USA43538). If the applicant disputed the “identity of the arrest record,” the 30-day Letter advised the applicant to submit a set of fingerprints within that period. (Miazad Decl. I, Ex. 70 at USA43538). The Plaintiffs estimate that nearly 854,-000 of the approximately 3.8 million applicants who applied for 'temporary employment during the 2010 Decennial Census received a 30-day Letter. (Id., Ex. 68). Only a small percentage of those applicants responded to the letter. (Id.). Overall, the Plaintiffs contend that the 30-day Letter policy prevented ninety-three percent of the applicants with arrest records — approximately 700,000 people — from being considered for employment in connection with the 2010 Census. (SAC ¶ 2). If an applicant did respond to the 30-day Letter, his application proceeded to the “adjudication” stage of the screening process. (Patterson Decl., ¶ 6-7). At this stage, the Census Bureau applied certain criteria (“Adjudication Criteria”) to determine whether the applicant was suitable for employment. (Id.). Pursuant to these criteria, the Census Bureau automatically excluded applicants with prior arrests for nearly all felonies and most misdemeanors. (Miazad Decl. I, Ex. 92). To the extent that the criteria allowed any discretion, Census Bureau employees were instructed to “[djefer anything [they felt] strongly about” or as to which they could not “make an unbiased decision.” (SAC ¶ 26). The Plaintiffs contend that the Adjudication Criteria were “arbitrarily drawn, dramatically overinclusive, unguided by professional principles or social science, and based largely on irrational instincts.” (Pis.’ Class Cert. Mem. at 21). Moreover, because the adjudication stage often took months to complete, the Plaintiffs allege that many applicants who eventually were deemed “eligible for hire” nonetheless were never considered for a job because the Census Bureau had already filled all of the temporary positions by the time the applicants received clearance. (SAC ¶ 29). 3. Final Selection Process If an applicant was deemed “eligible for hire” following the background check, LCO staff members entered the applicant’s information into an electronic data management system known as the Decennial Applicant Personnel Pay System (“DAPPS”). (Willis Decl. I, ¶ 4). Oncean applicant appeared in DAPPS, the Census Bureau assigned his application a numerical label, known as a “geocode,” that corresponded to the geographic area in which he lived. (Id. ¶¶ 9-10). LCO staff members could use DAPPS to filter applicants by geocode in order to limit their searches to applicants residing within the LCO’s jurisdiction. (Id. ¶ 29). To begin the hiring process, LCO staff members completed a “Requisition to Hire” form that identified the number of positions available, the applicable geographic area, and any required qualifying criteria, including hours of availability, foreign language proficiency, and access to transportation. Based on the information in the Requisition to Hire form, DAPPS generated a “selection record” that listed all qualified applicants within the LCO’s geographic jurisdiction from highest to lowest test scores. (Id. ¶ 13). Each selection record listed a maximum of fifty applicants, so candidates whose test scores did not place them among the top fifty qualified applicants did not appear on the selection record. (Id. ¶ 26). Many selection records listed fewer than fifty candidates. (See id., Exs. A-H). The first group of applicants on the selection record included all qualified candidates who received “veteran preferences” because they had significant service-related disabilities. (Id. ¶¶ 11, 14-15). LCO staff members were required to select these preference-eligible applicants over other applicants on the selection record, unless they provided a written justification for their belief that the preference-eligible applicant was not qualified for the position. (Id. ¶ 23). If there were not enough qualified preference-eligible applicants to fill the open positions, LCO staff members were required to offer interviews for the remaining positions to the highest listed applicants on the selection record. (Id. ¶ 24). If the position called for a particur lar foreign language proficiency, qualified non-citizen applicants appeared at the bottom of the selection record. (See Willis Decl. II, Ex. A at USA 1734). LCO staff members were permitted to offer interviews to these non-citizen candidates only if no qualified citizen applicants were available. (Id. at USA 1719). LCO staff members were instructed to employ a “rule of three” when making hiring decisions. Although they had some discretion in deciding whether to extend an offer following an interview, the “rule of three” required that LCO staff always select from the top three available applicants. For example, if staff members interviewed the first, second, and third candidates listed on the selection record, they could choose to offer the position to the third candidate over the first and second candidates. However, the LCO staff members would have to offer a position to one of these three candidates before moving on to the. fourth listed candidate. If the selected candidate declined the offer, the LCO staff could continue down the selection record, but at all times were required to offer the open position to one of the top three available applicants. (See ECF No. 247 (Decl. of Ossai Miazad, dated Feb. 10, 2014 (“Miazad Decl. II”)), Ex. 124 at USA5147-48). C. Named Plaintiffs The Second Amended Complaint names eight plaintiffs as putative class representatives: Evelyn Houser, Anthony Gonzalez, Ignacio Riesco, Precious Daniels, Felicia RicketWSamuels, Chynell Scott, Vivian Kargbo and Scotty Desphy. (SAC at 2). Each of these named plaintiffs applied for, but ultimately was denied, temporary employment with the Census Bureau during the 2010 Decennial Census. 1. Evelyn Houser Evelyn Houser (“Houser”) is an African-American resident of Philadelphia, Pennsylvania. (Miazad Decl. I, Ex. 20 (“Houser Dep.”) at 4:23-24, 8:9-11). She worked as a temporary employee for the Census Bureau during the 1990 Decennial Census, and then reapplied for a similar position in January 2009. (Id. at 31:9-16; Patterson Decl., Ex. I at USA3880). She indicated in her application that she was a United States citizen and did not speak any foreign languages. (Patterson Deck, Ex. I at USA3878, USA3882). On the written exam, Houser earned a score of 72. (Id. at USA3886). Two months after submitting her application, Houser received a 30-day Letter based on the results of her criminal background check. (Houser Dep. 73:18-20, 85:22-86:19). On May 21, 2009, the Census Bureau informed Houser that she had been disqualified because she “failed to provide the requested information within the 30[-]day window provided.” (Miazad Decl. I, Ex. 26). LCO staff members in Houser’s geographic region reviewed a total of eighty-four selection records after the date on which she applied. (Willis Decl. I, ¶ 44). Twenty-five of those selection records related to applicants with foreign language abilities. (Id. ¶ 45). The remaining fifty-nine selection records included candidates with test scores ranging from 70 to 105. (See id., Ex. A). Accordingly, had Houser passed the background check, her score would have been high enough to place her on at least one of those selection records. However, none of the applicants ultimately hired from those selection records received exam scores lower than 78. (Id. ¶ 47). 2. Anthony Gonzalez Anthony Gonzalez (“Gonzalez”) is a Latino resident of Riverview, Florida. (Mia-zad Decl. I, Ex. 27 (“Gonzalez Dep.”) at 7:16-18). He is a United States citizen who speaks fluent Spanish. (Patterson Decl., Ex. N at USA3852, USA3855). Gonzalez applied- for temporary employment with the 2010 Decennial Census in February 2010, and received a score of 92 on the qualifying exam. (Id. at USA3859). On or about March 11, 2010, Gonzalez received a 30-day Letter from the Census Bureau, to which he promptly responded. (Miazad Decl. I, Exs. 29, 30). Gonzalez nevertheless did not hear back from the Census Bureau. (Gonzalez Dep. 181:4-13). DAPPS generated a total of twenty-three selection records encompassing Gonzalez’s geocode after the date on which he applied. (Willis Decl. I, ¶ 86). Two of those selection records pertained to positions requiring fluency in Haitian-Creole or French. Candidates who appeared on the remaining selection records all earned scores of 93 or above on the qualifying exam, with the exception of a few applicants who qualified for veterans’ preferences. (See id., Ex. F). Gonzalez thus did not score high enough to have been listed on any of the selection records. 3. Ignacio Riesco Ignacio Riesco (“Riesco”) is a Latino resident of Orlando, Florida. (Miazad Decl. I, Ex. 31 (“Riesco Dep.”) at 22:16-19, 97:18-19). He applied for a temporary position with the Census Bureau in April 2010. (Patterson Deck, Ex. P). In his application, Riesco indicated that he spoke fluent Portuguese and Spanish and was a lawful permanent resident, but not a United States citizen. (Id. at USA5595-96). Riesco received a score of 93 on the qualifying exam. (Willis Deck I, ¶ 97). After Riesco submitted his application, the Census Bureau sent him a 30-day Letter based on the results of his background check. (Miazad Deck I, Ex. 35). Within a few days of receiving the letter, Riesco sent a copy of .the disposition of the criminal charges that had triggered the letter, showing that all charges had been dropped. (Riesco Dep. 91:22-24). Despite his compliance with the 30-day Letter’s directives, Riesco never heard anything further from the Census Bureau. (Id. at 122:2-7). Because Riesco submitted his application near the end of the Census Bureau’s hiring period, the LCO in Riesco’s area generated only one selection record after he applied. (Willis Deck I, ¶ 99). The lowest scoring candidate that appeared on that selection record received a score of 95 on the qualifying test. (See id., Ex. H). Riesco thus would not have appeared on that selection record, even if he had been deemed eligible for hire. 4. Precious Daniels Precious Daniels (“Daniels”) is an African-American resident of Detroit, Michigan. (Miazad Deck I, Ex. 1 (“Daniels Dep.”) at 6:9-12,156:5-8). She applied for temporary employment with the Census Bureau in January 2010. (Patterson Deck, Ex M). Although she apparently testified that she was willing to work forty hours per week if necessary, her application stated that she would prefer to work twenty-eight hours per week. (Id. at USA3796). She further indicated that she did not speak any languages other than English. (Id.). Daniels received a score of 83 on her written test. (Willis Decl. I, ¶ 78). On February 16, 2010, the Census Bureau sent Daniels a 30-day Letter based on the results of her background check. (Miazad Decl. I, Ex. 3). Daniels promptly submitted the requested information, but the Census Bureau rejected her application in March 2010 “based on the nature of the facts disclosed” in her response. (Id., Ex. 5). LCOs encompassing Daniels’ geocode reviewed a total of thirty-four selection records after Daniels applied for employment with the Census Bureau. (Willis Decl. I, ¶ 79). Eleven of those records related to positions that required foreign language capabilities. (Id. ¶ 80). The remaining twenty-three selection records included candidates with test scores ranging from 72 to 107, some of whom, like Daniels, indicated a preference for working fewer than forty hours per week. (See id., Ex. E). Indeed, several applicants who scored below Daniels ultimately were hired from these selection records. (Id. at USA48405-06). According to the Census Bureau, however, none of the candidates hired from these selection records had both scored below Daniels on the qualifying exam and stated a preference for working fewer than forty hours per week. (Willis Decl. 1,183). 5. Felicia Ricketir-Samuels Felicia Rickett Samuels (“Rickett-Sam-uels”) is an African-American woman who lives in Stamford, Connecticut. (Miazad Decl. I, Ex. 36 (“Rickett-Samuels Dep.”) at 6:8-12, 7:3-4). She applied for temporary employment with the 2010 Decennial Census on January 13, 2009, and received a score of 88 on her written exam. (Willis Decl. I, ¶ 50). Her application indicated that she was a United States citizen and did not speak any foreign languages. (Patterson Decl., Ex. J at USA44224, USA44227). Approximately two months after submitting her application, Rickett-Samuels received a 30-day Letter from the Census Bureau. (Miazad Decl. I, Ex. 40). She responded to that letter within the allotted time frame by providing a copy of a Certificate of Good Conduct and records from the Division of Criminal Justice Services related to the charges that triggered the letter. (Id., Ex. 38). Soon after Rickett-Samuels responded, the Census Bureau rejected her application based on the information she provided. (Rickett-Samuels Dep. 197:10-21). LCO staff members ran a total of twenty-two selection records encompassing Rickett-Samuels’ geocode after she applied. (Willis Decl. I, ¶ 51). Of those records, eleven were limited to applicants with foreign language abilities. (Id. ¶ 52). The remaining eleven selection records included candidates with scores ranging from 85 to 110. (See id., Ex. B). Rickett-Samuels’ score thus was high enough to have placed her on one of those selection records. Nonetheless, according to the Census Bureau, none of the applicants ultimately hired from those selection records scored below 97. (Id. ¶ 58). 6.Chynell Scott Chynell Scott (“Scott”) is an African-American resident of Philadelphia, Pennsylvania. (Miazad Decl. I, Ex. 41 (“Scott Dep.”) at 4:15-19, 14:23-24). She previously worked for the Census Bureau in various capacities in 2000 and 2004. (Id. at 53:2-57:23). In December 2009, she applied for a temporary position with the Census Bureau as part of the 2010 Decennial Census. (Id. at 76:9-13). Although the documents filed in this case do not indicate her test score, Scott apparently testified at her deposition that her score was approximately 100. In her application, Scott was asked whether, in the last ten years, she had ever been “convicted.” She responded “no.” (Patterson Deck, Exs. H at USA43462, K at USA43550). On December 16, 2009, the Census Bureau sent Scott a 30-day Letter based on the results of a background check that revealed a prior arrest record. (Miazad Decl. I, Ex. 44). She responded to that letter by submitting a “Case Summary” from the Pennsylvania Court of Common Pleas indicating that she had pleaded guilty to disorderly conduct approximately two months before she completed her Census application. (Id., Ex. 42). Scott later testified that she did not know that her guilty plea had resulted in a “conviction” because the judge had reduced her charges to a fine. (Scott Dep. 89:3-24). On February 3, 2010, the Census Bureau rejected Scott’s application “based on the nature of the facts [she] disclosed.” (Miazad Decl. II, Ex. 146). The selection records for Scott’s geographic region included candidates who scored between 70 and 102 on the qualifying exam. (See Willis Decl. I, Ex. C). With a score close to 100, Scott undoubtedly would have been listed on at least one of those selection records had she passed the criminal background check. 7. Vivian Kargbo Vivian Kargbo (“Kargbo”) is an African-American woman who lives in Boston, Massachusetts. (Miazad Decl. I, Ex. 14 (“Kargbo Dep.”) at 7:20-24, 12:16-17). She applied for a temporary position with the Census Bureau in March 2010. (Patterson Deck, Ex. O). In her application, Kargbo indicated that she was a lawful permanent resident of the United States and did not have any foreign language skills. (Id. at USA43530, USA43533). She received a score of 80 on her qualifying exam. (Id. at USA43537). On or about March 24, 2010, Kargbo received a 30-day Letter from the Census Bureau asking for farther information regarding an arrest record that bore her name. (Miazad Decl. I, Ex. 18). Kargbo disputed the identity of the arrest record and sent the Census Bureau a copy of her fingerprints to support her challenge. (Id., Ex. 19). Kargbo never heard anything further from the Census Bureau despite her timely response to the 30-day Letter. (Kargbo Dep. 126:18-20). LCO staff members reviewed two selection records encompassing Kargbo’s geo-code after the date of her application. (Willis Decl. I, ¶ 94). These two selection records included candidates with scores ranging from 92 to 105. (See id., Ex. G). Kargbo’s score of 80 thus would not have placed her on either selection record. The lowest-scoring applicant selected from these records earned a score of 97 on the written exam. (Id. ¶ 94). 8. Scotty Desphy Scotty Desphy (“Desphy”) is an African-American resident of Philadelphia, Pennsylvania. (Miazad Decl. I, Ex. 7 (“Desphy Dep.”) at 7:3-6, 19-23). She previously had worked for the Census Bureau during the 2000 Decennial Census, and applied again in December 2009. (Id. at 24:5-7, 25:15-17). Desphy initially earned a score of 75 on her qualifying exam. (Willis Deck I, ¶ 68). After submitting her application and completing the exam, Desphy received a 30-day Letter based on the results of her background check. (Desphy Dep. 77:21-25, 79:2-7). Desphy responded to the 30-day Letter within the requisite time frame. (Miazad Decl. I, Ex. 10). She subsequently received an additional letter from the Census Bureau requesting a further explanation and two character references. (Id., Ex. 11). In response, Desphy sent the Census Bureau a letter detailing the circumstances of her arrest along with several letters of recommendation and a copy of her fingerprints. (Id., Ex. 12). In addition, she retook the written exam, increasing her score to 83. (Willis Deck I, ¶ 68). Nevertheless, in March 2010, the Census Bureau rejected Desphy’s employment application “based on the nature of the facts disclosed” in her correspondence. (Miazad Deck I, Ex. 13). LCO staff members reviewed a total of 123 selection records encompassing Des-phy’s geocode after the date of her application. (Willis Deck I, ¶ 69). Fifty-one of those selection records were limited to applicants with foreign language skills, which Desphy did not possess. (Id. ¶ 70). The remaining selection records included candidates with scores ranging from 70 to 100. (See id., Ex. D). Desphy’s score of 83 thus would have placed her on at least one of the selection records produced in her geographic region. According to the Census Bureau, however, no candidate with a score lower than 88 was hired from the selection records that did not require foreign language fluency. (Id. ¶ 75). II. Title VII Disparate Impact Framework The Plaintiffs allege that the Census Bureau used racially discriminatory hiring procedures in violation of Title VII. As amended, Title VII prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. In addition to banning intentional employment discrimination, Title VII prohibits some employment practices “that are not intended to discriminate but in fact have a disproportionately adverse effect on minorities.” Ricci v. DeStefano, 557 U.S. 557, 577, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009). To establish a prima facie case under a “disparate impact” theory of liability, Title VII plaintiffs first must show that their employer uses “a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(k)(l)(A)(i). The Second Circuit has described this provision as requiring plaintiffs to “(1) identify a specific employment practice or policy; (2) demonstrate that a disparity exists; and (3) establish a causal relationship between the two.” Chin v. Port Auth. of N.Y. & N.J., 685 F.3d 135, 151 (2d Cir.2012), cert. denied, — U.S. -, 133 S.Ct. 1724, 185 L.Ed.2d 785 (2013) (internal quotation marks and citations omitted). Once plaintiffs have established a prima facie Title VII violation on a disparate impact theory, an employer may defend against liability by demonstrating that the challenged employment practice is “job related for the position in question and consistent with business necessity.” 42 U.S.C. § 2000e-2(k)(1)(A)(i). Even if the employer meets that burden, plaintiffs may succeed if they can show that the employer has refused to adopt an available alternative employment practice that would reduce the level of disparate impact while still serving the employer’s legitimate needs. Id. §§ 2000e-2(k)(l)(A)(ii), (k)(l)(C). If the trier of fact finds that the plaintiffs have established a Title VII violation on a disparate impact theory, each plaintiff seeking individual relief such as backpay “need only show that he or she suffered an adverse employment decision ‘and therefore was a potential victim of the proved ... discrimination.’ ” Robinson v. Metro-North Commuter R.R. Co., 267 F.3d 147, 159 (2d Cir.2001) (quoting Int’l Bhd. of Teamsters v. United States, 431 U.S. 324, 362, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977)). The employer then may rebut the plaintiffs’ presumptive entitlement to backpay “by proving that the [plaintiff] would not have been hired even absent discrimination.” Cohen v. West Haven Bd. of Police Comm’rs, 638 F.2d 496, 502 (2d Cir.1980). If the employer cannot make such a showing, or if the issue remains uncertain because the nature of the employer’s hiring practices makes it impossible to determine a “but for” outcome, the plaintiff is entitled to individualized relief, including backpay. Chin, 685 F.3d at 151-52; Cohen, 638 F.2d at 502. In this case, the Plaintiffs claim that the 30-day Letter and the Adjudication Criteria had a disparate impact on African-American and Latino applicants, were not job-related or justified by business necessity, and were not the least discriminatory hiring protocols that the Census Bureau could employ to meet its business needs. The Plaintiffs contend that every putative class member thus is entitled to backpay. The Census Bureau disputes each of the Plaintiffs’ contentions. III. Motion to Dismiss for Lack of Subject-Matter Jurisdiction A. Standard of Review The Census Bureau brings its motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Under Rule 12(b)(1), a court must dismiss a complaint if the court lacks subject-matter jurisdiction over the claims asserted. In resolving the issue of subject-matter jurisdiction, a court is not limited to the face of the complaint and may consider evidence outside the pleadings. Phifer v. City of N.Y., 289 F.3d 49, 55 (2d Cir.2002). The plaintiff has the burden of demonstrating the court’s subject-matter jurisdiction by a preponderance of the evidence. Id. (citing Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000)); Shipping Fin. Servs. Corp. v. Drakos, 140 F.3d 129, 131 (2d Cir.1998) (“[J]urisdiction must be shown affirmatively, and that showing is not made by drawing from the pleadings inferences favorable to the party asserting it.”). B. Standing Under Article III of the Constitution, the subject-matter jurisdiction of federal courts is limited to resolving “cases” and “controversies.” U.S. Const, art. Ill, § 2. Standing “is an essential and unchanging part of the case-or-controversy requirement of Article III.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351. (1992). As the Supreme Court explained in Lujan: the irreducible constitutional minimum of standing contains three elements. First, the plaintiff must have suffered an injury in fact — an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court. Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Id. at 560-61, 112 S.Ct. 2180 (citations, internal quotation marks, ellipses, and brackets omitted). The plaintiff carries the burden to establish these elements of constitutional standing, which are to be “evaluated at the time the complaint is filed.” Access 4 All, Inc. v. Trump Int’l Hotel & Tower Condo., 458 F.Supp.2d 160, 167 (S.D.N.Y.2006); see also Disabled in Action of Metro. N.Y. v. Trump Int’l Hotel & Tower, No. 01 Civ. 5518(MBM), 2008 WL 1751785, at *7 (S.D.N.Y. Apr. 2, 2003) (“Events occurring after the lawsuit has been filed may be relevant to whether the claim has become moot but are not relevant to whether a plaintiff has standing in the first instance.”). Article Ill’s standing requirements apply equally to class actions. As the Supreme Court has held, “if none of the named plaintiffs purporting to represent a class establishes the requisite of a case or controversy with the defendant[], none may seek relief on behalf of himself or any other member of the class.” O’Shea v. Littleton, 414 U.S. 488, 494, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974). To demonstrate standing, each of the named plaintiffs “must allege and show that they personally have been injured, not that injury has been suffered by other, unidentified members of the class to which they belong and which they purport to represent.” Warth v. Seldin, 422 U.S. 490, 502, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975); see also Lewis v. Casey, 518 U.S. 343, 357, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (Article III standing requirements are “no less true with respect to class actions than with respect to other suits”). The Census Bureau contends that the named plaintiffs in this action lack Article III standing because they cannot show that (1) they have personally suffered any injury-in-fact as a result of the Census Bureau’s use of the 30-day Letter or its application of the Adjudication Criteria, or (2) the relief sought would redress their alleged injuries. 1. Injury-In-Faat In determining whether a plaintiff has suffered an injury-in-fact, courts must “assess whether the injury affect[s] the plaintiff in a personal and individual way, to confirm that the plaintiff has a personal stake in the controversy and avoid having the federal courts serve as merely publicly funded forums for the ventilation of public grievances or the refinement of jurisprudential understanding.” Baur v. Veneman, 352 F.3d 625, 632 (2d Cir.2003) (citation and internal quotation marks omitted); see also Sullivan v. Syracuse Hous. Auth., 962 F.2d 1101, 1106 (2d Cir.1992) (“[C]ourts generally should refrain from adjudicating abstract questions of wide public significance which amount to generalized grievances....”) (internal quotation marks omitted). Neither the Supreme Court nor the Second Circuit has expounded further on the meaning of the injury-in-fact requirement in Title VII cases. Several other circuit courts, however, have suggested that to establish an injury-in-fact, a Title VII plaintiff must at least demonstrate that he met the minimum qualifications for the position ultimately denied. See, e.g., Bates v. United Parcel Serv., Inc., 465 F.3d 1069, 1078 (9th Cir.2006) (determining whether plaintiff was injured requires court to examine whether he was “qualified” for the position “in the sense that, aside from the [employment] standard he is challenging and all prerequisites connected to that standard, he meets the basic job requirements for the desired position”); Coe v. Yellow Freight Sys., Inc., 646 F.2d 444, 451 (10th Cir.1981) (to establish standing, Title VII plaintiffs must show that “they were qualified for the positions that they sought”); Jones v. Mukasey, 565 F.Supp.2d 68, 81 (D.D.C.2008) (same). As one court has put it, “we assume that an unqualified plaintiff was not hired or promoted for the obvious reason — that he was unqualified. Such a plaintiff would have no standing to sue under Title VII, for he could not claim that he was injured, much less affected,” by the allegedly discriminatory employment practice. Melendez v. Ill. Bell Tel. Co., 79 F.3d 661, 668 (7th Cir.1996). Although there appears to be little, if any, authority in this Circuit addressing this “minimum qualification” requirement, the Plaintiffs do not dispute its validity. (See ECF No. 246 (Pls.’ Mem. of Law in Opp. to Mot. to Dismiss (“Pl.’s Dismissal Mem.”) at 18 (“Plaintiffs- need only show that they met the basic job requirements for the job.”)) (emphasis in original)). The decisions applying a “minimum qualification” requirement are well-reasoned. Applicants who fail to meet the basic eligibility requirements for employment cannot demonstrate that they suffered a “particularized” personal injury by being denied such employment. Thus, an individual who did not satisfy the eligibility requirements for employment with the Census Bureau would lack constitutional standing to serve as a named plaintiff in a lawsuit challenging the Census Bureau’s allegedly discriminatory hiring practices. That the named plaintiffs must establish their eligibility for hire, however, does not mean, as the Census Bureau contends, that they must show that they ultimately would have been hired. Rather, the Supreme Court has made clear that “[w]hen the government erects a barrier that makes it more difficult for members of one group to obtain a benefit than it is for members of another group, ... [t]he ‘injury in fact’ ... is the denial of equal treatment resulting from the imposition of the barrier, not the ultimate inability to obtain the benefit.” Ne. Fla. Chapter of Associated Gen. Contractors of Am. v. Jacksonville, 508 U.S. 656, 666, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993); see also Connecticut v. Teal, 457 U.S. 440, 450, 102 S.Ct. 2525, 73 L.Ed.2d 130 (1982) (“In considering claims of disparate impact ... this Court has consistently focused on employment and promotion requirements that create a discriminatory bar to opportunities.”) (emphasis in original); Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 280 n. 14, 98 S.Ct. 2733, 57 L.Ed.2d 750 (1978) (denial of opportunity to compete for admission to university constitutes sufficient injury-in-fact, even if plaintiff ultimately may not have been admitted). Under that standard, a plaintiff seeking to establish standing “need not allege that he would have obtained the benefit but for the barrier,” but simply that the barrier “prevented [him] from competing on an equal footing.” Jacksonville, 508 U.S. at 666-67, 113 S.Ct. 2297. Although that standard was announced in the equal protection context, it should, if anything, apply with even greater force in Title VII cases, since federal courts generally are less reluctant to overcome jurisdictional hurdles when faced with statutory, rather than constitutional, merits questions. Cf. Reno v. Catholic Soc. Servs., Inc., 509 U.S. 43, 82 n. 4, 113 S.Ct. 2485, 125 L.Ed.2d 38 (1993) (Stevens, J., dissenting) (“Jacksonville is, of course, an equal protection case, while respondents in this case are seeking a statutory benefit. If this distinction has any relevance ..., then it should mitigate in favor of finding ripeness here; I assume we should be more reluctant to overcome jurisdictional hurdles to decide constitutional issues than to effectuate statutory programs.”). The Census Bureau cites a number of eases from other circuits that allegedly support its standing argument. None of these cases, however, goes beyond requiring plaintiffs to show that they were eligible to be considered for the position. For example, in Melendez v. Illinois Bell Telephone Company, the Seventh Circuit noted that a Title VII plaintiff could satisfy the “qualification requirement” by showing that he met “all of the objective requirements” for the -position he sought, regardless of whether he would have been considered for the position. 79 F.3d at 668, 669 n. 8. In Rich v. Martin Marietta Corp., the Tenth Circuit “emphasize[d] that each plaintiff need not prove that he was the most qualified person,” so long as he could show that he was at least eligible to be considered for the position. 522 F.2d 333, 347-48 (10th Cir.1975). And in Bates v. United Parcel Service, Inc., the Ninth Circuit held that the plaintiff had standing to challenge an allegedly discriminatory hiring test because his “qualifications [were] sufficient to allow him to proceed to the next step” of the hiring process. 465 F.3d 1069, 1078 (9th Cir.2006) (internal quotation marks and brackets omitted). Neither these cases, nor any of the other cases cited by the Census Bureau, require a plaintiff to show that he would have made the employer’s final cut. In sum, I find that the named plaintiffs must establish that they were eligible to be considered for the positions they sought, but need not further demonstrate that they would have been hired after being evaluated in comparison to other applicants. Thus, the question here is whether the Census Bureau’s allegedly discriminatory hiring practices placed any of the named plaintiffs on an unequal footing in terms of their ability to compete for employment. Applying this standard, it is clear that five of the eight named plaintiffs— Houser, Daniels, Rickett-Samuels, Scott, and Desphy — have standing to sue under Title VII. It is undisputed that each of these class representatives possessed the bare minimum qualifications for employment with the Census Bureau: they all were older than eighteen, possessed Social Security numbers, and had scored above 70 on the qualifying exam. In addition, these plaintiffs all obtained scores within the range of scores that appeared on selection records in their geographic region. Thus, had these five applicants not been subjected to the allegedly discriminatory criminal background check process, they each would have appeared on at least one of the selection records for their geographic region. Simply by appearing on a selection record, these individuals would have had an opportunity (however slim) to compete for employment. Whether the Census Bureau likely would have reached their name on the rank-ordered selection record before it completed the hiring process makes no difference. These five plaintiffs have established that they were eligible to be considered for employment but were denied the opportunity to compete with other applicants. That showing is sufficient to confer standing under Title VII. The three remaining named plaintiffs— Gonzalez, Riesco, and Kargbo — each obtained scores that fell below the range of scores on selection records in their geographic regions. Thus, even if they had passed the criminal background check without delay, they would not have appeared on any of the selection records and would not have been eligible to compete for employment. And although these applicants could have retaken the exam in an effort to improve their scores, they chose not to do so. Given their existing test scores, they could not have been considered for hire, regardless of the results of their background^ check. They consequently cannot demonstrate an injury-in-fact sufficient to prove Article III standing, and must be dismissed from this action. 2. 'Redressability Article III álso requires plaintiffs to show that a favorable decision could redress their injuries. The Second Circuit has described redressability as the “non-speculative likelihood that the injury can be remedied by the requested relief.” W.R. Huff Asset Mgmt. Co., LLC v. Deloitte & Touche LLP, 549 F.3d 100, 106-07 (2d Cir.2008). In this case, the Plaintiffs request several forms of relief, including (a) a declaratory judgment that the Census Bureau’s criminal background check process violates Title VII; (b) preliminary and permanent injunctive relief enjoining the Census Bureau from “engaging in each of the unlawful policies, practices, customs and usages” set forth in the Second Amended Complaint; (c) an order directing the Census Bureau to use employment policies, practices and programs that eliminate the effects of its allegedly unlawful employment practices; and (d) backpay in the form of lost wages and lost benefits. {See SAC ¶ 135^10). To satisfy the redressability prong, the putative class representatives each must show that at least one of these forms of relief would redress their alleged injuries. In ruling on the Census Bureau’s first motion to dismiss this case, I determined that the declaratory and injunctive relief requested could redress the named plaintiffs’ alleged injuries. Johnson v. Bryson, 851 F.Supp.2d 688, 700 (S.D.N.Y.2012). The Census Bureau now urges the Court to revisit that decision, arguing that the named plaintiffs’ injuries could not be redressed by the requested relief because each named plaintiff was “precluded from selection for reasons entirely independent of the challenged policies-and procedures.” (ECF No. 226 (Def.’s Mem. of Law in Supp. of Mot. to Dismiss) at 25). In repeating this refrain, the Census Bureau essentially has just repackaged its arguments related to the named plaintiffs’ injuries-in-fact; it has .said nothing about whether the requested injunction would redress those injuries. Assuming that the named plaintiffs did suffer cognizable injuries as a result of the Census Bureau’s allegedly discriminatory hiring practices, they certainly would be entitled to—and their injuries could be redressed by—the requested injunctive and declaratory relief. The Census Bureau’s redressability argument concerning injunctive relief therefore fails with respect to the five named plaintiffs who satisfy the injury-in-fact requirement. The named plaintiffs’ alleged injuries also may be redressed through an award of backpay. As both parties agree, members of a Title VII class in this Circuit are presumptively entitled to backpay. See Cohen, 638 F.2d at 502. To establish this presumptive entitlement to backpay, a Title VII plaintiff need only establish that he applied for the job and was not hired. Ass’n Against Discrimination in Emp’t, Inc. v. City of Bridgeport, 647 F.2d 256, 289 (2d Cir.1981). The naméd plaintiffs plainly have made such a showing. As the Census Bureau correctly notes, an employer may rebut a claimant’s prima facie claim of entitlement to back-pay by “proving that the class member would not have been hired even absent discrimination.” Id. This might arise, “for example, because no vacancies existed or because the claimant failed to meet nondiscriminatory prerequisites for employment.” Id. In an attempt to make the requisite, showing, the Census Bureau once again reiterates its view that the named plaintiffs ultimately would not have been hired, and therefore are not entitled to backpay. Again, this argument speaks to whether the named plaintiffs have suffered an injury-in-fact sufficient to confer Article III standing, not to whether that injury is redressable by backpay. At the risk of sounding like a broken record, that the named plaintiffs ultimately may not have been hired is of no consequence insofar as standing is concerned, so long as they can show, as five have here, that they met the prerequisites for employment with the Census .Bureau and could have been considered based on their test scores. Because Houser, Daniels, Rickett-Sam-uels, Scott, and Desphy each can demonstrate that they suffered an injury-in-fact that can be redressed by a favorable disposition, they have standing to proceed as class representatives. Accordingly, the Census Bureau’s motion to dismiss this action in its entirety must be denied. As noted above, however, Gonzalez, Riesco and Kargbo lack standing to pursue this action. Accordingly, their claims must be dismissed for lack of subject matter jurisdiction. IV. Class Certification Since Houser, Daniels, Rickett-Samuels, Scott, and Desphy have individual standing to bring this suit, the Court must consider whether the action should be certified as a class action under Rule 23 of the Federal Rules of Civil Procedure. The Rule 23 class action is “an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.” Califano v. Yamasaki, 442 U.S. 682, 700-01, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979). Rule 23 permits named plaintiffs to proceed on behalf of a class of absent class members in three distinct situations: (a) when the rights of either the potential class members or the party opposing the class would be harmed by piecemeal litigation, Fed.R.Civ.P. 23(b)(1); (b) where the class seeks injunc-tive or declaratory relief against a party who has “acted or refused to act on grounds that apply generally to the class,” Fed.R.Civ.P. 23(b)(2); and (c) where (i) questions common to the class predominate over individual questions and (ii) class adjudication would be superior to other available methods of resolving the controversy, Fed.R.Civ.P. 23(b)(3). This last category encompasses cases in which class adjudication would “achieve economies of time, effort, and expense, and promote uniformity of decision as to persons similarly situated, without sacrificing procedural fairness or bringing about other undesirable results.” Fed.R.Civ.P. 23(b)(3) advisory committee notes (1966). The Plaintiffs urge the Court to take a “hybrid approach” to the certification process by applying different provisions of Rule 23 to different stages of the litigation. For purposes of determining the Census Bureau’s liability and affording classwide injunctive relief, the Plaintiffs request that the Court certify a class under Rule 23(b)(2) consisting of “all African American and Latino applicants who applied for temporary employment during the 2010 decennial and were harmed by ... [the Census Bureau’s] use of the 30-day [L]etter as a screening device[,] ... [the Census Bureau’s] use of adjudication criteria to screen applicants,” or both. (Pis.’ Class Cert. Mem. at 26). For the monetary damages phase, the Plaintiffs request certification of several subclasses under Rule 23(b)(3), which would include: (a) individuals barred from employment “based solely on the procedural requirements imposed by the 30-day [L]etter;” (b) individuals barred from employment “based solely on the delay in adjudicating” their applications; and (c) individuals barred from employment “based on exclusions that are not job related.” (Id.). The Plaintiffs contend that this hybrid approach is appropriate because once liability is determined, calculation of damages will be largely formulaic. (See Pis.’ Class Cert. Mem. at 27, 38). As an alternative to this hybrid approach, the Plaintiffs propose that the Court exercise its discretion under Rule 23(c)(4) to isolate the liability and injunc-tive relief questions, certify a single class under Rule 23(b)(2) to address those issues, and leave damages calculations for individualized hearings. (Id. at 44-45). Because both the proposed liability class and the proposed damages subclasses must independently meet all the requirements of Rule 23, I will consider them separately. A. Proposed Liability Class 1. Rule 28(a) To certify the proposed liability class, the Court must first be satisfied that the Plaintiffs have met the requirements of Rule 23(a) by establishing that “(a) the class is so numerous that joinder of all members is impracticable, (b) there are questions of law or fact common to the class, (c) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (d) the representative parties will fairly and adequately protect the interests of the class.” Fed.R.Civ.P. 23(a). As set forth below, the Plaintiffs have met their burden in this regard. a. Numerosity Rule 23(a)(1) requires the Plaintiffs to demonstrate that the proposed class is so numerous that joinder of all class members would be “impracticable.” “Generally, a class composed of more than forty members satisfies the numerosity requirement.” See Noble v. 93 Univ. Place Corp., 224 F.R.D. 330, 338 (S.D.N.Y.2004). Although plaintiffs bear the burden of proving numerosity, they “need not present a precise calculation of the number of class members,” and a court may rely on reasonable inferences from available facts in drawing its conclusion. Id. (citing Robidoux v. Celani, 987 F.2d 931, 935 (2d Cir.1993); McNeill v. N.Y.C. Hous. Auth., 719 F.Supp. 233, 252 (S.D.N.Y.1989)). Although they have not ascertained the exact size of the putative class, the Plaintiffs indicate that there are thousands of minority class members who were barred from employment because of the Census Bureau’s allegedly discriminatory hiring practices. Indeed, the Plaintiffs’ experts estimate that more than 250,000 African-American and 200,000 Latino applicants received a 30-day Letter. (EOF No. 166, Ex. C (Decl. of Mark Bendick, Jr., dated June 28, 2013), ¶ 32). They further estimate that less than one percent of all applicants who received 30-day Letters ultimately were hired. (Id., Ex. A (Decl. of Maria Kozhevnikova, dated June 28, 2013) at Table 1). It therefore is obvious that the proposed liability class would contain far too many individuals to manage under the typical joinder rules. Indeed, the Census Bureau does not appear to dispute that conclusion. b. Commonality Commonality requires plaintiffs to show that “there are questions of law or fact common to the class.” Fed.R.Civ.P. 23(a)(2). The “Rule does not require that all questions of law or fact raised in the litigation be common[;] ... indeed, even a single question of law or fact common to the members of the class will satisfy the commonality requirement.” Wal-Mart Stores, Inc. v. Dukes, — U.S. -, 131 S.Ct. 2541, 2562, 180 L.Ed.2d 374 (2011) (internal quotation marks, brackets, and citations omitted). To satisfy the commonality requirement, the lead plaintiffs in a putative class action must demonstrate that all of the class members “have suffered the same injury.” Dukes, 131 S.Ct. at 2551 (quoting Gen. Tel. Co. of Sw. v. Falcon, 457 U.S. 147, 157, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982)). As the Supreme Court recently stated in Dukes, “[t]his does not mean merely that [the plaintiffs must] have all suffered a violation of the same provision of law.... Their claims must depend upon a common contention ... of such a nature that it is capable of classwide resolution — which means that determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” Id. In other words, a properly certified class action must not only raise common questions, but must have the “capacity ... to generate common answers.” Id. (quoting Nagareda, Class Certification in the Age of Aggregate Proof, 84 N.Y.U. L.Rev. 97,132 (2009)). The plaintiffs in Dukes sought certification of a nationwide class of current and former female Wal-Mart employees alleging gender discrimination with respect to pay and promotions. The Court ultimately determined that the plaintiffs had not satisfied the commonality requirement because Wal-Mart did not use a uniform “testing procedure or other companywide evaluation” in making pay and promotion decisions, but rather left those decisions to regional managers’ discretion. Id. at 2553. This discretion, the Court determined, was “just the opposite of a uniform employment practice that would provide commonality.” Id. at 2554. Dukes unquestionably “upped the ante on ‘commonality’” for plaintiffs challenging employers’ allegedly discriminatory subjective decisionmaking. Haddock v. Nationwide Fin. Servs., Inc., 293 F.R.D. 272, 279 (D.Conn.2013). What distinguishes this case from Dukes, however, is the fact that the Census Bureau, unlike Wal-Mart, employed uniform, non-disere-tionary hiring instruments — the 30-day Letter and the Adjudication Criteria — to exclude applicants from the hiring pool. Addressing this very situation, the Dukes court made clear that when ah employer uses the same “testing procedure to evaluate [all] applicants for employment,” “a class action on behalf of every applicant or employee who might have been prejudiced” by the allegedly biased procedure “clearly would satisfy the commonality” requirement. Dukes, 131 S.Ct. at 2553 (quoting Falcon, 457 U.S. at 159 n. 15, 102 S.Ct. 2364). The fact that the Census Bureau conducted its hiring efforts out of a series of regional offices, admittedly, adds a slight wrinkle to the commonality analysis. As the Census Bureau emphasizes, applicant characteristics and the rate at which they received 30-day Letters varied from one LCO to the next. The commonality requirement, however, does not require that all class members’ circumstances be identical, so long as their claims can be proven or disproven on a classwide basis. Here, notwithstanding the potential variance among LCOs, commonality will exist at the very least if it is possible to prove either that (i) the challenged hiring practices had a disparate impact on minority applicants across all LCOs, or (ii) the challenged hiring practices had no disparate impact in any LCO. In addition, commonality will exist if the Census Bureau has defenses that apply to all applicants in all LCOs, or if the Plaintiffs can rebut those defenses on a similar classwide basis. Contrary to the Census Bureau’s contentions, both sides here appear to agree that the central questions in this case each have a common, classwide answer; the only point on which the parties disagree is the answers themselves. For example, to answer the disparate impact question, the Plaintiffs have submitted an expert report from labor economist Dr. Marc Bendick, Jr., which suggests that the Census Bureau’s hiring procedures adversely affected African-American and Latino applicants nationwide. (ECF No. 166, Ex. C). The Census Bureau disputes the validity of Dr. Bendick’s analyses, and in response has proffered the report of their own statistical expert, Dr. Bernard Siskin. Dr. Siskin’s report highlights the statistical differences among LCOs and criticizes Dr. Bendick for his failure to control for those differences in his study. Critically, however, upon examining the results by individual locality, Dr. Siskin concludes that the challenged practices had no statistically significant disparate impact in any LCO. {See ECF No. 201, ¶¶ 50-51). Thus, both experts agree that there is one nationwide answer to the question of disparate impact. This case also presents a common question as to whether the Census Bureau’s allegedly discriminatory criminal background procedures were justified by legitimate business needs. To answer this question, the Census Bureau has submitted the expert report of Dr. James Outtz, an industrial-organizational psychologist, who defends the agency’s hiring procedures on the grounds that they were necessary to gain public trust and minimize public safety risks. (ECF No. 202). The Plaintiffs, in turn, have submitted a report from their own industrial-organizational expert, Dr. Kathleen Lundquist, to dispute those defenses. (ECF No. 166, Ex. B). Once again, a single nationwide answer to this question seems likely. In the end, though both sides have spent a great deal of energy arguing the validity of their experts’ analyses, the Court need •not resolve such “battles of the experts” at this juncture. The question at this preliminary stage of the litigation is not whether the challenged hiring procedures actually had a disparate impact or were justified by business necessity, but merely whether those questions can be resolved on a class-wide basis. See In re Magnetic Audiotape Antitrust Litig., No. 99 Civ. 1580 (LMM), 2001 WL 619305, at *4 (S.D.N.Y. June 1, 2001) (“[0]n a motion for class certification, the Court only evaluates whether the method by which plaintiffs propose to prove class-wide impact could prove such impact, not whether plaintiffs in fact can prove class-wide impact.”); see also In re Aftermarket Auto. Lighting Prods. Antitrust Litig., 276 F.R.D. 364, 373-74 (C.D.Cal.2011) (post-Dukes case concluding that courts “need not cho[o]se between experts” at the class certification stage because inquiry is limited to determining whether merits issues can be resolved through “generalized proof common to the class”) (internal citations omitted). Although the experts obviously reach different conclusions regarding the merits in this case, the fact that both sides’ experts are able to provide classwide answers to the liability question suffices to satisfy the commonality requirement. In reaching this conclusion, I am mindful that class certification questions often may overlap with questions related to the merits of plaintiffs’ underlying claims, and that the Court’s duty to perform a “rigorous analysis” of the issues pertaining to certification is not lessened by this overlap. Dukes, 131 S.Ct. at 2551-52 (quoting Falcon, 457 U.S. at 161, 102 S.Ct. 2364). Nonetheless, a district court has the obligation to “assure that a class certification motion does not become a pretext for a partial trial of the merits,” and thus “should not assess any aspect of the merits unrelated to a Rule 23 requirement.” In re Initial Pub. Offerings Sec. Litig., 471 F.3d 24, 41 (2d Cir.2006). Here, the evidence strongly suggests th