Case: United States of America v. University of New Mexico

1:04-cv-00299 | U.S. District Court for the District of New Mexico

Filed Date: March 16, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On March 16, 2004 the United States filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Mexico, Albuquerque Division against the University of New Mexico. The plaintiff asked the court for injunctive relief, remedial relief, and compensatory damages, alleging that the defendant had violated Title VII by discriminating against mental health technicians on the basis of their sex and pregnancy.The complaint alleges that the U…

On March 16, 2004 the United States filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Mexico, Albuquerque Division against the University of New Mexico. The plaintiff asked the court for injunctive relief, remedial relief, and compensatory damages, alleging that the defendant had violated Title VII by discriminating against mental health technicians on the basis of their sex and pregnancy.

The complaint alleges that the University of New Mexico discriminated on the basis of sex and pregnancy by: (1) denying the plaintiffs modified-duty positions during their pregnancies, while permitting similarly-situated, non-pregnant employees to obtain modified-duty positions; (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment; and (3) terminating one of the plaintiff's employment after she notified her supervisors that she was pregnant.

On April 30, 2004, the District Court entered a consent decree that: (1) enjoined the defendant from engaging in any act or practice that unlawfully discriminates against any employee on the basis of sex or pregnancy; (2) ordered the defendant to implement policies and procedures that prohibit discrimination on the basis of sex and pregnancy; and (3) ordered the defendant to provide a monetary award to the plaintiffs. The decree was in force for two years.

This case is closed.

Summary Authors

Erin Forman (11/4/2007)

People


Judge(s)

Hansen, C. LeRoy (New Mexico)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Ehrlich, Anat (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Iglesias, David C. (New Mexico)

Mitchell, Jan Elizabeth (New Mexico)

Palmer, David J. (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorneys(s) for Defendant

Staley, Elizabeth (New Mexico)

Judge(s)

Hansen, C. LeRoy (New Mexico)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Ehrlich, Anat (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Iglesias, David C. (New Mexico)

Mitchell, Jan Elizabeth (New Mexico)

Palmer, David J. (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorneys(s) for Defendant

Staley, Elizabeth (New Mexico)

Documents in the Clearinghouse

Document

1:04-cv-00299

Docket [PACER]

April 30, 2004

April 30, 2004

Docket
1

1:04-cv-00299

Complaint

March 16, 2004

March 16, 2004

Complaint
6

1:04-cv-00299

Consent Decree

May 3, 2004

May 3, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 5, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge Alan C. Torgerson) (emr) (Entered: 03/17/2004)

March 16, 2004

March 16, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 03/17/2004)

March 16, 2004

March 16, 2004

2

JOINT MOTION for approval & entry of consent decree (jrm) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

3

MEMORANDUM in support of joint motion for approval & entry of consent decree [2-1] (jrm) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

4

NOTICE of refusal to consent to proceed before a US Magistrate Judge by plaintiff (ed) (Entered: 03/25/2004)

March 25, 2004

March 25, 2004

6

CONSENT DECREE by Senior Judge C. LeRoy Hansen as described herein dismissing case (cc: all counsel) (jrm) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: March 16, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of pregnant female health technicians

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 New Mexico (Albuquerque, Bernalillo), State

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: 2004 - 2006

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female