Case: United States of America v. University of Guam

1:03-cv-00022 | District Court of Guam

Filed Date: June 30, 2003

Closed Date: July 3, 2003

Clearinghouse coding complete

Case Summary

On June 30, 2003 the United States filed a lawsuit under Title VII against the University of Guam in the United States District Court for the District of Guam. The United States Department of Justice alleged that the University of Guam discriminated against eleven employees on the basis of their national origin and/or race. Specifically, the United States contended that the University of Guam subjected them to discriminatory terms, conditions, and privileges of employment and discharged them in…

On June 30, 2003 the United States filed a lawsuit under Title VII against the University of Guam in the United States District Court for the District of Guam. The United States Department of Justice alleged that the University of Guam discriminated against eleven employees on the basis of their national origin and/or race. Specifically, the United States contended that the University of Guam subjected them to discriminatory terms, conditions, and privileges of employment and discharged them in retaliation for complaining about what they reasonably believed to be unlawful employment discrimination. The United States sought remedial and injunctive relief.

The employees discriminated against were mainly Caucasians, but also included African-Americans, Filipinas, and Native Americans. The EEOC investigated the charges filed, issued determinations finding reasonable cause to believe that the University of Guam subjected each charging party to employment discrimination in violation of Title VII, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charges, and subsequently referred the charges to the DOJ.

On July 3, 2003, the plaintiffs and the defendant agreed to enter into a settlement agreement ordered by the district Court of Guam (Judge John S. Unpingco). The University of Guam agreed to offer monetary relief to the employees who filed the suit. In order to accept this relief, the employees must sign an executed release. Additionally, the University affirmed that it will not engage in any act or practice that unlawfully discriminates against any employee because of that employee's race or national origin. Furthermore, the University agreed not to retaliate against any person because that person opposed allegedly discriminatory practices, filed a charge with the University or the EEOC, or participated in or cooperated with the initiation, investigation, litigation, or administration of this case or this Agreement.

The University will take appropriate measures to ensure that complaints of discrimination based on race, national origin, or retaliation are promptly resolved pursuant to its policies and that prompt and effective corrective action is taken in response to any meritorious complaints as determined by its policies. These measures include establishing an internal complaint procedure that designates the EEO Officer with the responsibility for receiving and assuring the proper resolution, pursuant to University policy, of complaints filed, including investigating allegations of discrimination as appropriate, making and documenting factual findings, and recommending corrective action where appropriate.

During the period of this Agreement, the University agreed to retain all relevant records that come into its possession concerning any complaints and to provide records to the DOJ upon request. Finally, the University agreed to provide training to all management level and supervisory employees regarding Title VII's prohibitions against employment discrimination, prevention of employment discrimination and retaliation, and management response to complaints of employment discrimination.

The docket ends on July 3, 2003 with the entry of the Settlement Agreement. We have no further information on this case.

Summary Authors

Dana Schwarz (11/6/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4244099/parties/united-states-v-university-of-guam/


Judge(s)

Unpingco, John S. (Guam)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Rapadas, Leonardo M. (Guam)

Schwab, Mikel W (Guam)

Yang, Jenny R. (District of Columbia)

Attorneys(s) for Defendant

Santos, Marcelene C (California)

Vartain, Michael (California)

Judge(s)

Unpingco, John S. (Guam)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Rapadas, Leonardo M. (Guam)

Schwab, Mikel W (Guam)

Yang, Jenny R. (District of Columbia)

Attorneys(s) for Defendant

Santos, Marcelene C (California)

Vartain, Michael (California)

Documents in the Clearinghouse

Document

1:03-cv-00022

Docket (PACER)

United States v. University of Guam

July 3, 2003

July 3, 2003

Docket
1

1:03-cv-00022

Complaint

June 30, 2003

June 30, 2003

Complaint
2

1:03-cv-00022

Settlement Agreement

July 3, 2003

July 3, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4244099/united-states-v-university-of-guam/

Last updated Aug. 9, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT [RMM EOD 06/30/2003] (ORIGINAL GCMS ENTRY 1-1) (cnv)

June 30, 2003

June 30, 2003

RECAP
2

SETTLEMENT Agreement & Ord - agreement serves as a fair & full settlement of all issues raised in t/Complt fld in this case. University agrees to offer a maximum total amt of $775,000.00 plus interest; [RMM EOD 07/03/2003] (ORIGINAL GCMS ENTRY 2-1) (cnv)

July 3, 2003

July 3, 2003

RECAP

Case Details

State / Territory: Guam

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2003

Closing Date: July 3, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

US and individual University of Guam employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of Guam, None

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

American Indian/Alaskan Native

Asian/Pacific Islander

Black

White

Affected Gender:

Female

Male

National Origin/Ethnicity:

Other