In the case of General Telephone Company of the Northwest, Inc. v. Equal Employment Opportunity Commission (EEOC), 1979, the U.S Supreme Court ruled that EEOC had authority to bring a class action suit against an employer suspected of systemic discrimination without first obtaining certification under Federal Rule of Civil Procedure 23(b)(2). The court held that since Congress created EEOC to enforce Title VII and granted it broad enforcement powers, it was not bound by traditional rules for class actions in private lawsuits. This decision allowed EEOC more leeway in pursuing large-scale discrimination cases on behalf of groups or classes of employees who may have been subjected to discriminatory practices.

In the dissenting opinion for General Telephone Company of the Northwest, Inc. v. Equal Employment Opportunity Commission et al., Justice Powell argued that the majority's decision to allow EEOC to seek class-wide relief without meeting Rule 23 requirements was a significant departure from established legal principles and procedures. He contended that this ruling would undermine defendants' rights in future cases by allowing plaintiffs to bypass procedural safeguards designed to protect those accused of discrimination or other wrongdoing. Furthermore, he expressed concern about potential abuses of power by government agencies if they were given such broad authority without proper checks and balances in place. Justice Powell also disagreed with the majority's interpretation of Title VII, arguing it did not grant EEOC powers beyond those typically available in private lawsuits.