MICHAEL T. KIRKPATRlCK
United States DepaJ1ment of Justice
Civil Rights Division
Empio)111lillt ljligation Sedion, rHB 950 Cunstitution Avenue, N.W.
W<l~hinglj)ll, D.C. 20530 (202) 616·9615 MK_3653
MICHAEL A. CllAGARES Assist<lnt United States Atlomcy ChIef, Civil Division 970 Broad Street, Suite 700 Newark, New Jersey 07102 (973) 645-2039 MC_5483
UNTTED STATES DTSTRICT COURT DISTRICT OF NEW JERSEY N.EWARK DlVISION

t;NITED STATES Of AMl'.RlCA, Plaintin:
v.
UNIVERSITY OF MEDfCINE AND DENTISTRY OF NEW JERSEY,
Defendant.

.\
. Civil Action No. C! L/ - C,Lj 'i)( 0wB)

COMPLAINT
Plainlil{ the United States of America, [lHcgcs: 1. ThIS at:lion is brought on hebalJ"orthe tJoitcJ States to enforce the provisions of
Title Vlf of the Civij Rights Act of 1964, (1S (lmended, 42 USC S2000e, e! seq. (Title VU).
2. Tlli!) Court hasjurisdictioll of the action under 42 U.S.C. § 2000e-S(f) and 28 u.S.C. § 1345.

3, DefenJ<llll, the University of Medicine lmd Dentistry of New Jersey, is a public

univers1ty of the health sciences created by the Slate orNew Jersey. 4. Deftmdant is "person within thcmeaningof42 U.s.c. ~ 2000e{a) and an

employtr wlthinlhc meaning of 42 V.S,c. § 2000c(b).

5, Tyrone Bodisoll is employed hy Defendant as a Senior IIollseket:per:.)t

Defendant's Newark Campus. On or about May 10, 1999, Mr. Bodison filed a ch<lrge (Charge

No. 171·99·0390) with the Equal Employment OppoJtunily Commission (BEOC) alleging that
Defcmlanl had discriminated against him on the basis or llC)( and retaliated a.gainst him. On July

24, 2000, <tiler receiving a notice of right to !;ue on Charge No. 171·99·0390, Mr Bodi::;()!1 likd a civil action (Ca~e No. OO~CV-3S60) against Defendant limier Title Vll. ~-1r.13odjson alleged that

Defendant had discnmH1<1ted ,lgaillst him on the basis of sex <lnd retaliatcd against him. Mr. B(ldi~()Jl and Defendant rcached a settlement during November, 2001, ami the case was dismissed

01) rvlareh 12,2002. 6. During latc 2001 and early 2002, Me Bodison sought promotion 10 the position of

Housekeeper Supervi$or 1. Although Mr. Bodison was 4ualifled Ibr the positiolllmd $ubmiHed

mliltiple hiLls, Defendant refused to promote Mr. Bodison.

7.

* Defend"lllt has violated 704(a) of Title VII. 42 U.s.c. § 20UOc-}(a). by refusing

to prOTlloLe Tyrone Bodison to a l10usekeepmg Supervisor position in retaliulion lor bringing a
Title vn cJanll ,lgainsl Defendant

2

8.

On 01" about June! 5, 2002, Mr. Bodison tiled a charge (Charge No. 171-A2-

00593) with the EEOC, alleging that Defendant retaliated against him aftcr he filed Charge No. J71-99-0390 hy refllsing to promote him to a 1lousekeeping Supervisor pOSition. Pursuant to § 706 of Title VU, 42 U.S.C § 2000e-5, lhl:: EEOC investigated the charge. found reasonable

cause to believe that the charge was true, attempted unsLlcces.<;fully to achieve through

conciliatIOn a VOluntary resolution oflhis matter, find subsequently referred ihi:; matter to the

Depanment of Justice.

9.

All condilions pn:cedeTlllo the f!ling of suit have been perfoITned Qf have

occurred. WHEREFORE, plnintifrprays that the Court grant the foUowmg felier: a) Enjoin Defendant from failing or refusing lu lake appropriare llQ11{li1>crimmatory measures to overcome the effects of the refaliation :mfTereu by

b) Award sufficient remedial rtllit:d'W make whole Tyrone Hodison for the
loss he bas suffered a'} a resllit ofthe rotaliatiot'l alleged in this Compi<lint; and
c) Award such additional relief as JuSl1ce may require, together with
plaintifl's costs and disbursements in this actioll.
R. AJcxandcr Acosta
Assistant At10mcy General
Civil Rights Division
By C61-JcfZCd--
David.l. Pa1mer
Chief, Employment Litigation Section
Civil Rights Division
)

- ..~

\].~ %.~,J:;..
~~
William B. Fenton
Michael T. Kirkpatrick United States Department ofJustice Civil Rights Division Employment Litigation Secti{)Il, PHB 950 Constitution Avenut.l, N_W. W<lshmgton, D.C. 20530 (202)616·9615 (202) 514·1005 (rax)
Christopher J. Chri~tie
Ulllted Stales AHomey /()T the Di~trict of New Jersey
Mic.hael A. Chagan::s Assistant United States Attomey Chud, Civil Division 970 Broad Street, Suite 700 Newark, New Jersey 07102 (973) 645·2839 (973) 645-2702 (rax)

4

 
 CHARLES E. LEGGOTT United States Department of Justice Civil Rights Division Employment Litigation Section, PHB 950 Constitution Avenue, N.W. Washington, D.C. 20530 (202) 514-0548 CL_9120
SUSAN J. STEELE Assistant United States Attorney Chief, Civil Division 970 Broad Street, Suite 700 Newark, New Jersey 07102 (973) 645-2839
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NEWARK DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v.
UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY,
Defendant.

Civil Action No. 04-648 (JWB)

CONSENT DECREE This action was brought by the United States against the University of Medicine and Dentistry of New Jersey ("UMDNJ" or "Defendant") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e, et seq. ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of a timely charge of discrimination filed by Tyrone Bodison (Charge No. 171-A2-00593). Title

VII applies to Defendant because it is a person within the meaning of 42 U.S.c. § 2000e(a) and an employer within the meaning of 42 U.S.c. § 2000e(b). This Court has jurisdiction over this action under 42 U.S.c. § 2000e-5(f) and 28 U.s.c. § 1345.
In its Complaint, the United States alleges, inter alia, that UMDNJ violated § 704(a) of Title VII, 42 U.S.c. § 2000e-3(a), by refusing to promote Tyrone Bodison to a Housekeeping Supervisor position in retaliation for having brought an earlier Title VII claim against Defendant. The parties agree that: 1) Mr. Bodison engaged in protected activity by complaining of sex discrimination and retaliation, filing a charge with the EEOC, and bringing a Title VII lawsuit against UMDNJ; 2) Mr. Bodison sought promotion to the position of Housekeeper Supervisor I, a position for which UMDNJ was seeking applicants; and 3) Mr. Bodison met the minimum qualifications contained in the job notice for the Housekeeping Supervisor I position at issue, but was not promoted. UMDNJ denies that it retaliated unlawfully against Mr. Bodison.
Desiring that this action be settled by appropriate Consent Decree and without the burden of protracted litigation, the parties agree to this Court's jurisdiction over them and the subject matter of this action, and hereby waive, for the purposes of this Consent Decree only, hearings and findings of fact and conclusions of law on all issues, and further agree to the entry of this Consent Decree as final and binding between them as to the issues raised in the Complaint filed in this case.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: l. The Defendant shall not retaliate in any way against Tyrone Bodison for having brought claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et~, or for making complaints or reports of violations of Federal or New Jersey Civil Rights Law, or
2

against any other person who may have pm1icipated in or cooperated with the initiation,

investigation, litigation or administration of this case or this Consent Decree.

2. Defendant shall offer to pay to Tyrone Bodison the amount of $17,149.62.

3. If Mr. Bodison bids on Housekeeping Supervisor I positions with the Defendant that

become available in the future, he will be given fair and non-discriminatory consideration for all

such positions by Defendant. However, nothing in this agreement will be construed to require

UMDNJ to hire Mr. Bodison for such a position.

4. The Defendant agrees to notify Mr. Bodison of the terms of this Consent Decree within

ten (10) days of its entry by hand delivering, or by mailing to him by certified mail, return receipt

requested, a copy of the letter set forth in Appendix A, a copy of this Consent Decree, and the

Release form attached as Appendix B, addressed to:

Mr. Tyrone Bodison 490 4th Avenue, Apt. 312 Newark, New Jersey 07lO7

5.

In order for Mr. Bodison to accept Defendant's offer, Mr Bodison must sign the release

form attached as Appendix B, and return that original executed release form, together with the

original and any copies he may have of any tapes he made of any conversations he may have had

with any of the Defendant's employees, and any and all official or unofficial transcripts or

transcriptions thereof, if he has any, to the attorney for the Defendant.

6. The Defendant shall make the payment referred to in Paragraph 2 within thirty (30) days

of the receipt by the attorney for the Defendant of Mr. Bodison's executed release form and the

original and any copies Mr. Bodison may have of any tapes he made of any conversations he may

have had with the Defendant's employees, together with any and all official or unofficial

3

transcripts or transcriptions thereof, if he has any. This payment shall be made by a check issued to Mr. Bodison which will be hand-delivered to Mr. Bodison, or mailed to him by certified mail, return receipt requested, to the address in Paragraph 4. Defendant will inform the United States in writing, in care of its undersigned attorney, when it makes this payment to Mr. Bodison. Defendant will also send Mr. Bodison an appropriate IRS form to reflect this payment. 7. Within ten (0) days after the Defendant makes the payment to Mr. Bodison referred to in Paragraph 6, the undersigned attorney for the United States will send the attorney for the Defendant any and all originals and copies he may have of any tapes Mr. Bodison made of any conversations he may have had with any of the Defendant's employees. The attorney for the United States will destroy any and all originals and copies of official and unofficial transcripts and transcriptions thereof he may have, and provide the attorney for the defendant with a letter to that effect at the same time that he provides the tapes. 8. The Court will dismiss this matter with prejudice upon receiving notification from the parties that the conditions of paragraphs 5, 6 and 7 have been met. If this Consent Decree is not dismissed with prejudice as provided for in this Paragraph, it shall nevertheless expire, and this case shall be dismissed without further order of this Court, one year from the date of entry of this Decree or, if sooner, upon notice to the Court by the parties that further orders or judgments will not be necessary. 9. This Consent Decree shall not be construed as an admission of liability, guilt or any improper conduct on the part of the Defendant. Nor shall this Decree be construed as an admission by the United States of any defenses posited by the Defendant.
4

10. The United States and the Defendant shall bear their own costs in this action, including any attorney's fees. It is so ORDERED, this

Agreed and Consented to:
~~~~nited States:
~~~~
DAVID J. PALMER WILLIAM B. FENTON CHARLES E. LEGGOTT United States Department of Justice Civil Rights Division Employment Litigation Section, PHB 950 Constitution Avenue, N.W. Washington, D.C. 20530 (202) 514-0548

On behalf of Defendant University of Medicine and Dentistry of New Jersey:

/'

/ /1

~i

/f ,'/

/{r'1)fj ( (;Y;7
ROBEkT PREUSS Deputy Attorney General State of New Jersey Department of Law and Public Safety Division of Law 25 Market Street P.O. Box 112 Trenton, New Jersey NJ 08625-0112 (609) 777-4889

5

APPENDIX A NOTICE LETTER

[Date]

Mr. Tyrone Bodison 490 4th Avenue, Apt. 312 Newark, New Jersey 07107

Re: United States v. UMDNJ, Civ. No. 04-648 (JWB)

Dear Mr. Bodison:

A Consent Decree has been entered settling a complaint of employment discrimination filed by the United States against the University of Medicine and Dentistry of New Jersey (UMDNJ), United States v. University of Medicine and Dentistry of New Jersey, Civil Action No. 04-648 (JWB) (D.N.J.), which is based on a charge of discrimination that you filed with the Equal Employment Opportunity Commission (Charge No. 171-A2-00593).

Under the terms of the Consent Decree entered on

, 2005, you are being

offered certain relief as settlement for your claim of employment discrimination against UMDNJ.

You are being offered a monetary award of $ 17,149.62. Also if you bid on any Housekeeping Supervisor I positions with UMDNJ that become available in the future you will be given fair and non-discriminatory consideration by UMDNJ for those positions.

This relief is being offered to you on the following conditions: You are required to release the UMDNJ from any and all claims you may presently have against it arising out of this case and the underlying EEOC charge. You are also required to return to the UMDNJ, in care of its counsel, along with your executed release, the original and any copies you may have of any tapes you made of any conversations with the Defendant's employees. If you decline this relief, the UMDNJ will nevertheless have satisfied its obligation to the United States pursuant to the Consent Decree in the above-captioned case and the United States will not seek additional relief on your behalf.

6

In order to obtain the offered relief, you must complete the enclosed Release form and return it, together with the original and any copies you may have of any tapes you made of any conversations with the Defendant's employees, to:

ROBERT PREUSS Deputy Attorney General State of New Jersey Department of Law and Public Safety Division of Law 25 Market Street P,O. Box 112 Trenton, New Jersey 08625-0112
The Release may be returned by mail or in person. In either case, the Release must be signed in the presence of a notary public and thereafter notarized before you return it.
If you accept the offered relief, UMDNJ will send you the appropriate monetary award within thirty (30) days of its receipt of your Release and the original and any copies you may have of any tapes you made of any conversations with the Defendant's employees.
IF YOU FAIL TO SUBMIT THE RELEASE, AS DIRECTED IN THIS LETTER, WITHIN THIRTY (30) DAYS FROM YOUR RECEIPT OF THIS LETTER, YOU WILL FORFEIT YOUR RIGHT TO ANY MONETARY OR OTHER RELIEF UNDER THE CONSENT DECREE, UNLESS YOU CAN SHOW GOOD CAUSE, TO BE DETERMINED BY THE UNITED STATES, FOR YOUR FAILURE TO DO SO WITHIN A REASONABLE TIME THEREAFTER.
A copy of the Consent Decree is enclosed. If you have any questions concerning this settlement, you may contact Charles E. Leggott, lIial attorney for the United States Department of Justice, at (202) 514-0548.

Enclosures

[Signature 1

7

APPENDIXB

RELEASE

United States v. University of Medicine and Dentistry of New Jersey

State of New Jersey County of ______

For and in consideration of the acceptance of the payment offered to me by the University

of Medicine and Dentistry of New Jersey (UMDNJ) pursuant to the provisions of the Consent Decree

entered in United States v. University of Medicine and Dentistry of New Jersey, Civil Action No.

04-648 (JWB) (D.N.J.) on

,2005, I, Tyrone Bodison, hereby release and forever discharge

the Defendant University of Medicine and Dentistry of New Jersey, the State of New Jersey, and all

their current and future officials, employees and agents, of and from all legal and equitable claims,

including any state and/or administrative claims, arising out of the facts, incidents and occurrences

alleged in or which were the basis for said action and its associated EEOC charge, EEOC Charge

No. 171-A2-00593, or which arise out of said action and/or said EEOC charge, that accrued prior

to the date of the execution of this release.

I understand that I am responsible for the payment of the appropriate taxes on this settlement, and shall hold harmless UMDNJ for same.

I understand that the relief granted to me in consideration for this Release does not constitute an admission by UMDNJ of the validity of any claim raised by me or on my behalf.

This Release constitutes the entire agreement between UMDNJ and me, without exception or exclusion.

I acknowledge that a copy of the Consent Decree in this action has been made available to me.

I HA VE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Date:

Tyrone Bodison

Subscribed and sworn to before me this _ day of _ _ _ _ _ _ __

Notary Public 8

My commission expires: _____ 9

 
 U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:04-cv-00648-JWB-GDH

UNITED STATES OF AMERICA v. UNIVERSITY OF Date Filed: 02/13/2004

MEDICINE AND DENTISTRY OF NEW JERSEY

Date Terminated: 01/31/2005

Assigned to: Judge John W. Bissell

Jury Demand: None

Referred to: Magistrate Judge G. Donald Haneke

Nature of Suit: 440 Civil Rights:

Cause: 42:2000 Job Discrimination (Sex)

Other

Jurisdiction: U.S. Government

Plaintiff

Plaintiff UNITED STATES OF AMERICA

represented by CHARLES E. LEGGOTT UNITED STATES DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION 950 CONSTITUTION AVENUE N.W. PHB - ROOM 4028 WASHINGTON, DC 20530 202-514-0548 LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL A. CHAGARES OFFICE OF THE US ATTORNEY 970 BROAD STREET SUITE 700 NEWARK, NJ 07102 (973) 645-2920 Email: michael.chagares@usdoj.gov TERMINATED: 10/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL T. KIRKPATRICK UNITED STATES DEPT. OF JUSTICE CIVIL RIGHTS DIVISION EMPLOYMENT LITIGATION SECTION 950 CONSTITUTION AVENUE, N.W2. WASHINGTON, DC 20530

V.
Defendant
UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY

(202) 616-9615 TERMINATED: 03/08/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN J. STEELE UNITED STATES ATTORNEY'S OFFICE 970 BROAD STREET SUITE 700 NEWARK, NJ 07102 (973) 645-2920 Email: susan.steele@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM B. FENTON U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION P.O. BOX 65968 WASHINGTON, DC 20035-5968 (202)514-3878 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by ROBERT P. PREUSS OFFICE OF THE ATTORNEY GENERAL P.O. BOX 112 25 MARKET STREET TRENTON, NJ 08625-0112 609-777-4889 Email: robert.preuss@law.dol.lps.state.nj.us ATTORNEY TO BE NOTICED

Date Filed 02/13/2004

#

Docket Text

1 COMPLAINT against UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY , filed by UNITED STATES OF AMERICA. Filing Fee $wv(dr, ) (Entered: 02/24/2004)

02/24/2004 03/08/2004 03/12/2004
05/07/2004 05/20/2004
06/08/2004 06/08/2004 06/09/2004
06/25/2004 10/25/2004
01/27/2005 01/31/2005 02/22/2005

Summons Issued as to UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY.Days Due - 20. (Placed In USA BoxNewark,NJ) (dr, ) (Entered: 02/24/2004)
2 Substitution of Attorney - Attorney CHARLES E. LEGGOTT for UNITED STATES OF AMERICA added. Attorney MICHAEL T. KIRKPATRICK terminated.. (nr, ) (Entered: 03/16/2004)
3 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY waiver sent on 3/9/2004, answer due 5/10/2004. (nr, ) (Entered: 03/19/2004)
4 ANSWER to Complaint by UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY. (Attachments: # 1 Affidavit Certification of Service)(PREUSS, ROBERT) (Entered: 05/07/2004)
5 ORDER FOR SCHEDULING CONFERENCE: Scheduling Conference set for 6/8/2004 02:00 PM before Magistrate Judge G. Donald Haneke.. Signed by Judge G. Donald Haneke on 5/20/04. (nc, ) (Entered: 05/20/2004)
Minute Entry for proceedings held before Judge G. Donald Haneke : Scheduling Conference held on 6/8/2004. (nc, ) (Entered: 06/09/2004)
7 REPORT of Rule 26(f) Planning Meeting. (nr, ) (Entered: 06/10/2004)
6 SCHEDULING ORDER: Settlement Conference set for 1/27/2005 02:00 PM before Magistrate Judge G. Donald Haneke. Status Conference set for 1/27/2005 02:00 PM before Magistrate Judge G. Donald Haneke. Discovery due by 1/15/2004.. Signed by Judge G. Donald Haneke on 06/08/05. (nr, ) Modified on 8/13/2004 (jr). (Entered: 06/09/2004)
8 Mail Returned as Undeliverable. Mail sent to Charles E. Leggott (nr, ) (Entered: 07/02/2004)
9 Substitution of Attorney - Attorney SUSAN J. STEELE and MICHAEL A. CHAGARES for UNITED STATES OF AMERICA added. Attorney MICHAEL A. CHAGARES terminated.. (CHAGARES, MICHAEL) (Entered: 10/25/2004)
Minute Entry for proceedings held before Judge G. Donald Haneke : Status Conference held on 1/27/2005. (nc, ) (Entered: 01/28/2005)
10 ORDER DISMISSING CASE as settled, w/out costs.. Signed by Judge John W. Bissell on 01/28/05. (nr, ) (Entered: 02/01/2005)
11 Mail Returned as Undeliverable. Mail sent to William B. Fenton (nr, ) (Entered: 02/28/2005)

03/18/2005 04/05/2005 07/07/2005 07/26/2005

12 CONSENT DECREE . Signed by Judge John W. Bissell on 03/18/05. (nr, ) (Entered: 03/21/2005)
13 Mail Returned as Undeliverable. Mail sent to William B. Fenton (nr, ) (Entered: 04/11/2005)
14 ORDER Dismissing action w/prejudice . Signed by Judge John W. Bissell on 7/6/05. (jd, ) (Entered: 07/07/2005)
15 Mail Returned as Undeliverable. Mail sent to William B. Fenton (jd, ) (Entered: 07/27/2005)