US v. University of New Mexico Complaint

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ALBUQUERQUE DIVISION

______________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v.

Civil Action No.

UNIVERSITY OF NEW MEXICO,

Defendant.

______________________________________

COMPLAINT

Plaintiff, United States of America, alleges:

1. This action is brought on behalf of the United States 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").

2. This Court has jurisdiction over the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.

3. Defendant University of New Mexico ("UNM") is a corporate, governmental body and a political subdivision of the State of New Mexico, established pursuant to the laws of the State of New Mexico. The Health Sciences Center is a component of UNM.

4. Defendant UNM 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).

5. Defendant UNM, through its Health Sciences Center, has discriminated against Sandra Martinez and Mary Swisher, who were employed as Mental Health Technicians at UNM Health Sciences Center's Childrens' Psychiatric Hospital, on the basis of their sex, female, and pregnancy, in violation of § 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:

(a) denying Ms. Martinez and Ms. Swisher modified-duty positions during their pregnancies, while permitting similarly-situated, non-pregnant employees to obtain modified-duty positions; and

(b) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Martinez and Ms. Swisher.

6. The Equal Employment Opportunity Commission ("EEOC") received timely charges filed by Ms. Martinez (Charge No. 390A00820) and Ms. Swisher (Charge No. 390A00832) in which each alleged that she had been discriminated against in employment because of her sex, female, and pregnancy by UNM. Pursuant to §706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charges, found reasonable cause to believe that the allegations of sex discrimination in employment were true, attempted unsuccessfully to achieve through conciliation a

http://www.usdoj.gov/crt/emp/documents/unmcomplaint2004.htm

8/14/2007

US v. University of New Mexico Complaint

Page 2 of 3

voluntary resolution of the matters, and subsequently referred the charges to the United States Department of Justice.
All conditions precedent to the filing of suit have been performed or have occurred.
7. Defendant UNM, through its Health Sciences Center, has discriminated against Jenifer Brito, who was employed as a Mental Health Technician at UNM Health Sciences Center's Childrens' Psychiatric Hospital, on the basis of her sex, female, and pregnancy, in violation of
§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:
(a) denying her a modified-duty position during her pregnancy, while permitting similarly-situated, nonpregnant employees to obtain modified-duty positions;
(b) terminating Ms. Brito's employment after she notified her supervisors that she was pregnant; and
(c) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Brito.
8. The EEOC received a timely charge filed by Ms. Brito (Charge No. 390A10897) in which she alleged that she had been discriminated against in employment because of her sex, female, and pregnancy by UNM. Pursuant to §706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of sex discrimination in employment were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the matter, and subsequently referred the charge to the United States Department of Justice.
All conditions precedent to the filing of suit have been performed or have occurred.
9. WHEREFORE, plaintiff United States prays that this Court grant the following relief:
(a) Enjoin defendant UNM from failing and refusing to:
(1) provide sufficient remedial relief, including back pay with interest, to charging parties, Sandra Martinez, Mary Swisher and Jenifer Brito, to make each of them whole for the loss she has suffered as a result of the discrimination against her as alleged in this Complaint; and
(2) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination; and
(b) Order defendant UNM to provide sufficient compensatory damages to charging parties, Sandra Martinez, Mary Swisher and Jenifer Brito, to fully compensate each of them for the pain and suffering caused by defendant UNM's discriminatory conduct, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C.
§ 1981a.
Plaintiff United States prays for such additional relief as justice may require, together with its costs and disbursements in this action.

http://www.usdoj.gov/crt/emp/documents/unmcomplaint2004.htm

8/14/2007

US v. University of New Mexico Complaint

Page 3 of 3

JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
JOHN ASHCROFT Attorney General
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division
By: _________________________________ DAVID J. PALMER Chief Employment Litigation Section Civil Rights Division
_________________________________ JOHN M. GADZICHOWSKI Deputy Chief KATHLEEN T. TOOMEY ANAT EHRLICH Attorneys Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., NW PHB, Fourth Floor Washington, D.C. 20530 (202) 616-9504 - phone (202) 514-1005 - fax
DAVID C. IGLESIAS United States Attorney District of New Mexico
By: _________________________________ JAN ELIZABETH MITCHELL Assistant United States Attorney P.O. Box 607 Albuquerque, NM 87103 (505) 346-7274 - phone (505) 346-7296 - fax

http://www.usdoj.gov/crt/emp/documents/unmcomplaint2004.htm

8/14/2007

 
 US v University of New Mexico Consent Decree

Page 1 of 9

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO ALBUQUERQUE DIVISION
___________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v.

Civil Action No.

UNIVERSITY OF NEW MEXICO,

Defendant.

CONSENT DECREE

This action was brought by the United States against the University of New Mexico ("UNM") to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"), following receipt by the United States from the Equal Employment Opportunity Commission ("EEOC") of three charges of discrimination filed by Mary Swisher (Charge No. 390A00832), Sandra Martinez (Charge No. 390A00820) and Jenifer Brito (Charge No. 390A10897). This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.

In its complaint, the United States alleges that UNM, through its Health Sciences Center, discriminated against Mary Swisher and Sandra Martinez, female Mental Health Technicians employed by UNM Health Sciences Center's Childrens' Psychiatric Hospital, because of their sex and pregnancy, in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e2(a), among other ways, by:

(a) denying Ms. Swisher and Ms. Martinez modified-duty positions during their pregnancies, while permitting similarly-situated, non-pregnant employees to obtain modified-duty positions; and

(b) failing or refusing to take appropriate action to remedy the effects of its discriminatory treatment of Ms. Swisher and Ms. Martinez.

The United States also alleges in its complaint that UNM, through its Health Sciences Center, discriminated against Jenifer Brito, a female formerly employed by UNM Health Sciences Center's Childrens' Psychiatric Hospital as a Mental Health Technician, because of her sex and pregnancy, in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e2(a), among other ways, by:

(a) denying Ms. Brito a modified-duty position during her pregnancy, while permitting similarlysituated, non-pregnant employees to obtain modified-duty positions;

(b) terminating Ms. Brito's employment after she notified her supervisors that she was pregnant; and

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 2 of 9

(c) failing or refusing to take appropriate action to remedy the effects of its discriminatory treatment of Ms. Brito.
UNM denies that it, through its Health Sciences Center, has discriminated against Mary Swisher, Sandra Martinez and Jenifer Brito in violation of Title VII. Nevertheless, the United States and UNM, desiring that this action be settled by an appropriate Consent Decree ("Decree"), and without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties and the subject matter of this action. The parties also hereby waive, for purposes of entry of this Decree only, hearings and findings of fact and conclusions of law on all issues, and further agree to the entry of this Decree as final and binding between them with regard to the issues raised in the United States' complaint in this case.
This Decree, being entered into with the consent of the United States and UNM, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by UNM or a finding of any wrongdoing or violation of any applicable federal law or regulation.
In resolution of this action, the parties hereby AGREE and the Court expressly APPROVES, ENTERS and ORDERS the following:
I. DEFINITION AND PARTIES
l. The parties to this Decree are the United States, by the United States Department of Justice ("United States"), and the University of New Mexico, on behalf of its Health Sciences Center ("UNM").
2. "Day" or "Days", as used herein, refers to calendar and not business days.
3. "Date of entry" of the Decree refers to the date on which the Court orders entry of the Decree.
4. The Equal Employment Opportunity Commission is referred to hereinafter as the "EEOC."
5. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., is referred to hereinafter as "Title VII."
II. PURPOSES OF THIS DECREE
6. The purposes of this Decree are to ensure that:
(a) employees of UNM's Health Sciences Center are not subjected to sex and pregnancy discrimination in violation of Title VII;
(b) all requests for accommodation by pregnant employees of the Health Sciences Center are appropriately considered and granted or denied by UNM on the same basis as requests for accommodation made by non-pregnant employees;
(c) UNM adopts and maintains clear, meaningful and well-publicized policies and procedures for the Health Sciences Center that prohibit discrimination on the basis of sex and pregnancy;
(d) UNM provides adequate training to all Health Sciences Center employees who are

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 3 of 9

authorized to receive and investigate complaints of sex and pregnancy discrimination and all supervisors and other persons responsible for considering and granting requests for accommodation of pregnant employees, including workplace accommodation for pregnant employees; and
(e) UNM offers to Ms. Swisher, Ms. Martinez and Ms. Brito appropriate individual relief.
III. GENERAL INJUNCTIVE RELIEF
7. UNM, its employees, supervisors, agents and all individuals in active concert or participation with it, are enjoined from:
(a) engaging in any act or practice that unlawfully discriminates against any employee of UNM's Health Sciences Center on the basis of sex or pregnancy; and
(b) retaliating against, or in any way adversely affecting the terms and conditions of employment of, any person because that person has engaged in practices protected under 42 U.S.C. § 2000e-3(a), including, but not limited to, cooperating with the United States' investigation of EEOC charge nos. 390A00820, 390A00832 or 390A10897, or the litigation of this case.
IV. IMPLEMENTATION OF POLICIES AND PROCEDURES
8. Within sixty (60) days from the date of entry of this Decree, UNM shall implement policies and procedures for its Health Sciences Center that prohibit discrimination on the basis of sex and pregnancy and that require pregnant employees to be treated in the same manner as all other similarly-situated, non-pregnant employees for purposes of workplace accommodation, paid or unpaid leave, and receipt of benefits. These policies and procedures shall, at a minimum, include the following information:
(a) a description of the manner in which an employee may make a request for accommodation because of pregnancy;
(b) a description of the manner in which an employee may make a written or verbal complaint of discrimination based on sex and pregnancy;
(c) that all requests for accommodation will be reviewed promptly and considered on the same basis as requests for accommodation made by similarly-situated, non-pregnant employees;
(d) that all complaints of discrimination based on sex and pregnancy will be promptly and objectively investigated;
(e) contact information for the person or persons authorized to receive complaints of discrimination based on sex and pregnancy, and contact information for the person or persons authorized to receive requests for accommodation of pregnant employees; and
(f) that UNM will make good faith efforts to provide a response to a request for accommodation or the results of an investigation into a complaint of discrimination on the basis of sex and pregnancy to the requesting or complaining party, in writing, no later than thirty (30) days from the date the request or complaint is received.
9. Within thirty (30) days from the date of entry of this Decree, UNM shall designate a person who

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 4 of 9

shall have responsibility for ensuring that the policies and procedures set forth in Paragraph 8, above, are fully implemented and complied with.
10. Within ten (10) days from the date upon which UNM implements the policies and procedures set forth in Paragraph 8, above, UNM shall distribute copies of such policies and procedures to all of its Health Sciences Center's current employees.
11. Within ten (10) days from the date upon which UNM implements the policies and procedures set forth in Paragraph 8, above, UNM shall publicize the policies and procedures by, inter alia, posting those policies and procedures at locations in all buildings and facilities of its Health Sciences Center used for posting equal employment opportunity information, by email to all employees, and on any UNM internet or intranet website used for posting notices or policy changes for or concerning its Health Sciences Center.
12. UNM shall ensure that each new Health Sciences Center employee receives a copy of the policies and procedures implemented pursuant to Paragraph 8, above, at the time of the new employee's hire. Each new Health Sciences Center employee shall sign an acknowledgment that she or he has read and understood such policies; and the signed acknowledgment shall be placed in each new employee's personnel file.
V. TRAINING
13. Within three hundred and sixty-five (365) days from the date of entry of this Decree, UNM shall provide live mandatory training regarding Title VII's prohibition against sex and pregnancy discrimination, including the accommodation of pregnant employees, to all employees of its Health Sciences Center who are authorized to receive and investigate complaints of sex and pregnancy discrimination and all supervisors and other persons responsible for considering and granting requests for accommodation of pregnant employees. Priority for live training will be given to human resources professionals and first-line supervisors in UNM's University Hospital system. As soon as practicable, UNM shall provide on-line training to all individuals required to receive training, pursuant to this paragraph.
14. Within thirty (30) days prior to the date of the training, UNM shall inform the United States of the identity of the individual or business entity that it designates to conduct the training required by Paragraph 13, above, and UNM shall provide a description of the qualifications of such individual or business entity.
15.Within thirty (30) days following the completion of the training required by Paragraph 13, above, UNM shall provide to the United States copies of all training materials used, as well as written verification that the training has been completed and that all employees required by Paragraph 13, above, to attend such training in fact did so.
VI. SPECIFIC RELIEF FOR MARY SWISHER
16. Without admitting the allegations of the United States as set forth in its complaint, and in settlement of the claims of the United States for relief on behalf of Mary Swisher, UNM shall provide Ms. Swisher with a total monetary award of FORTY-EIGHT THOUSAND THREE HUNDRED AND FIFTY TWO DOLLARS ($48,352.00) in accordance with and subject to the following:
(a) UNM shall offer Ms. Swisher a monetary award in the amount of EIGHT THOUSAND

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 5 of 9

THREE HUNDRED FIFTY TWO DOLLARS ($8,352.00), which includes SIX THOUSAND EIGHT HUNDRED SEVENTY DOLLARS ($6,870.00) in back pay and ONE THOUSAND FOUR HUNDRED EIGHTY TWO DOLLARS ($1,482.00) in accumulated interest on the back pay. The back pay portion of this monetary amount shall be subject to withholding for income tax and FICA. In addition to the sums specified above, UNM shall pay the appropriate employer's contribution to the Social Security fund due on the back pay portion of the monetary award.
(b) UNM shall offer Ms. Swisher a separate monetary award in the amount of FORTY THOUSAND DOLLARS ($40,000.00). This amount shall be considered compensatory damages to fully compensate Ms. Swisher for injuries caused by UNM's allegedly discriminatory conduct against her, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. No withholdings shall be made by UNM from the compensatory damages award, although UNM shall issue an Internal Revenue Service ("IRS") 1099-Misc Form to Ms. Swisher and report this award to the IRS and any other applicable taxing authority.
(c) No later than ten (10) days from the date of entry of this Decree, UNM shall notify Ms. Swisher of the terms of this Decree by mailing to her, by certified mail, return receipt requested, a notice letter in the form set forth in Appendix A hereto, a copy of this Decree, and a copy of a release in the form set forth in Appendix B hereto.
(d) UNM shall send a copy of the notice letter referred to in Paragraph 16(c), above, to the United States at the same time it sends the notice letter to Ms. Swisher.
(e) To receive the relief provided to her under this Decree, Ms. Swisher must execute the release form provided with the notice letter and return it to UNM within thirty (30) days from the date she receives the notice letter referred to in Paragraph 16(c), above, unless she can show good cause, to be determined by the United States, within a reasonable time for her failure to do so.
(f) UNM shall provide the United States with a copy of Ms. Swisher's executed release form within ten (10) days from the date of its receipt. Within fifteen (15) days from the date of its receipt of Ms. Swisher's executed release form, UNM shall mail to Ms. Swisher a check made payable to Mary Swisher in the amount of FORTY EIGHT THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($48,352.00).
VII. SPECIFIC RELIEF FOR SANDRA MARTINEZ
17. Without admitting the allegations of the United States as set forth in its complaint, and in settlement of the claims of the United States for relief on behalf of Sandra Martinez, UNM shall provide Ms. Martinez with a total monetary award of FIFTY THOUSAND THREE HUNDRED EIGHTY THREE DOLLARS ($50,383.00) in accordance with and subject to the following:
(a) UNM shall offer Ms. Martinez a monetary award in the amount of TEN THOUSAND THREE HUNDRED EIGHTY THREE DOLLARS ($10,383.00), which includes EIGHT THOUSAND THREE HUNDRED EIGHTY ONE DOLLARS ($8,381.00) in back pay and TWO THOUSAND TWO DOLLARS ($2,002.00) in accumulated interest on the back pay. The back pay portion of this monetary amount shall be subject to withholding for income tax and FICA. In addition to the sums specified above, UNM shall pay the appropriate employer's contribution to the Social Security fund due on the back pay portion of the monetary award.
(b) UNM shall offer Ms. Martinez a separate monetary award in the amount of FORTY

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 6 of 9

THOUSAND DOLLARS ($40,000.00). This amount shall be considered compensatory damages, to fully compensate Ms. Martinez for injuries caused by UNM's allegedly discriminatory conduct against her, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. No withholdings shall be made by UNM from the compensatory damages award, although UNM shall issue an Internal Revenue Service ("IRS") 1099-Misc Form to Ms. Martinez and report this award to the IRS and any other applicable taxing authority.
(c) No later than ten (10) days from the date of entry of this Decree, UNM shall notify Ms. Martinez of the terms of this Decree by mailing to her, by certified mail, return receipt requested, a notice letter in the form set forth in Appendix A hereto, a copy of this Decree, and a copy of a release in the form set forth in Appendix B hereto.
(d) UNM shall send a copy of the notice letter referred to in Paragraph 17(c), above, to the United States at the same time it sends the notice letter to Ms. Martinez.
(e) To receive the relief provided to her under this Decree, Ms. Martinez must execute the release form provided with the notice letter and return it to UNM within thirty (30) days from the date she receives the notice letter referred to in Paragraph 17(c), above, unless she can show good cause, to be determined by the United States, within a reasonable time for her failure to do so.
(f) UNM shall provide the United States with a copy of Ms. Martinez's executed release form within ten (10) days from the date of its receipt. Within fifteen (15) days from the date of its receipt of Ms. Martinez's executed release form, UNM shall mail to Ms. Martinez a check made payable to Sandra Martinez in the amount of FIFTY THOUSAND THREE HUNDRED EIGHTY THREE DOLLARS ($50,383.00).
VIII. SPECIFIC RELIEF FOR JENIFER BRITO
18. Without admitting the allegations of the United States as set forth in its complaint, and in settlement of the claims of the United States for relief on behalf of Jenifer Brito, UNM shall provide Ms. Brito with a total monetary award of THIRTY SIX THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS ($36,647.00) in accordance with and subject to the following:
(a) UNM shall offer Ms. Brito a monetary award in the amount of ONE THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS ($1,647.00), which includes ONE THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS ($1,417.00) in back pay and TWO HUNDRED THIRTY DOLLARS ($230.00) in accumulated interest on the back pay. The back pay portion of this monetary amount shall be subject to withholding for income tax and FICA. In addition to the sums specified above, UNM shall pay the appropriate employer's contribution to the Social Security fund due on the back pay portion of the monetary award.
(b) UNM shall offer Ms. Brito a separate monetary award in the amount of THIRTY FIVE THOUSAND DOLLARS ($35,000.00). This amount shall be considered compensatory damages to fully compensate Ms. Brito for injuries caused by UNM's allegedly discriminatory conduct against her, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. No withholdings shall be made by UNM from the compensatory damages award, although UNM shall issue an Internal Revenue Service ("IRS") 1099-Misc Form to Ms. Brito and report this award to the IRS and any other applicable taxing authority.
(c) No later than ten (10) days from the date of entry of this Decree, UNM shall notify Ms. Brito of

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 7 of 9

the terms of this Decree by mailing to her, by certified mail, return receipt requested, a notice letter in the form set forth in Appendix A hereto, a copy of this Decree, and a copy of a release in the form set forth in Appendix B hereto.
(d) UNM shall send a copy of the notice letter referred to in Paragraph 18(c), above, to the United States at the same time it sends the notice letter to Ms. Brito.
(e) To receive the relief provided to her under this Decree, Ms. Brito must execute the release form provided with the notice letter and return it to UNM within thirty (30) days from the date she receives the notice letter referred to in Paragraph 18(c), above, unless she can show good cause, to be determined by the United States, within a reasonable time for her failure to do so.
(f) UNM shall provide the United States with a copy of Ms. Brito's executed release form within ten (10) days from the date of its receipt. Within fifteen (15) days from the date of its receipt of Ms. Brito's executed release form, UNM shall mail to Ms. Brito a check made payable to Jenifer Brito in the amount of THIRTY SIX THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS ($36,647.00).
IX. RECORD RETENTION AND COMPLIANCE MONITORING
19. UNM shall retain the following records during the term of this Consent Decree or for the period of time required by applicable federal record retention requirements, whichever is longer:
(a) the provisions and effective date of all policies and procedures implemented pursuant to Paragraph 8, above;
(b) all posted notices and posters displayed at its Health Sciences Center's work areas, and on an internet or intranet website intended to convey information regarding the prohibition of discrimination on the basis of sex and pregnancy in the workplace, as set forth in Paragraph 11, above;
(c) copies of its policies and procedures prohibiting discrimination on the basis of sex and pregnancy that are made available to new Health Sciences Center employees, as set forth in Paragraph 12, above;
(d) all documents that come into its possession relating to written or verbal complaints of retaliation, sex and pregnancy discrimination from any employee of the Health Sciences Center against the Health Sciences Center, its component organizations or any of its employees, including documents relating to UNM's investigation and resolution of any such complaints; and
(e) all documents that come into UNM's possession relating to requests for accommodation made by any employee of its Health Sciences Center, including documents relating to UNM's processing and disposition of any such requests.
20. The United States may review compliance with this Decree at any time and shall have the right to inspect and copy any documents that are relevant and necessary to monitor UNM's compliance with this Decree, upon thirty (30) days written notice to UNM, without further order of this Court.
X. DISPUTE RESOLUTION
21. The parties shall attempt to resolve informally any dispute that may arise under this Decree. If the parties are unable to resolve the dispute expeditiously, either party may move the Court for a resolution

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree

Page 8 of 9

of the issue.
XI. JURISDICTION OF THE COURT
22. The Court shall retain jurisdiction over this Decree for the purpose of resolving any disputes or entering any orders that may be necessary to implement the relief provided in the Decree.
23. At the end of two (2) years from the date of entry of this Decree, this Decree shall be dissolved and this action shall be dismissed without further order of the Court.
XII. GENERAL PROVISIONS
24. The parties shall bear their own costs in this action, including attorney's fees, except that the parties shall retain the right to seek costs for any matter which, in the future, may arise under this Decree and require resolution by the Court.
25. All documents required to be delivered under this Decree to the United States shall be sent by overnight mail to the attention of:
Chief Employment Litigation Section U.S. Department of Justice Civil Rights Division 601 D Street, N.W., Room 4040 PHB, Fourth Floor Washington, D.C. 20004
26. All documents required to be delivered under this Decree to UNM shall be sent to the attention of:
Elizabeth Staley, Esq. Associate University Counsel HSC Office of General Counsel MSC 09 5300 1 University of New Mexico Albuquerque, New Mexico 87131-5001
IT is so ORDERED, this _____ day of ____________, 2004.
UNITED STATES DISTRICT JUDGE
AGREED AND CONSENTED TO:
For plaintiff United States of America:
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division
By:

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

US v University of New Mexico Consent Decree
_________________________________ DAVID J. PALMER Chief Employment Litigation Section
_________________________________ JOHN M. GADZICHOWSKI Deputy Chief KATHLEEN T. TOOMEY ANAT EHRLICH Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. PHB, Fourth Floor Washington, D.C. 20530 Telephone: (202) 616-9504
For defendant University of New Mexico:
By:
R. PHILLIP EATON Vice President, Health Sciences Center University of New Mexico
_________________________________ ELIZABETH STALEY Associate University Counsel Office of University Counsel MSC 09 5300 1 University of New Mexico Albuquerque, New Mexico 87131-5001 (505) 272-8668

Page 9 of 9

http://www.usdoj.gov/crt/emp/documents/unmcd.htm

8/14/2007

 
 U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:04-cv-00299-LH-ACT

USA v. University of New Assigned to: District Judge C. LeRoy Hansen Referred to: Magistrate Judge Alan C. Torgerson Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/16/2004 Date Terminated: 04/30/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Anat Ehrlich US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616-9504 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J Palmer US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616-9504 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Elizabeth Mitchell United States Attorneys Office Civil Division P.O. Box 607 Albuquerque, NM 87102 505 346-7274 Fax: 505 346-7205 Email: jan.mitchell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant University of New Mexico, The

John M Gadzichowski US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616-9504 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Toomey US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616-9504 Email: kathleen.toomey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/16/2004
03/16/2004 03/17/2004 03/17/2004 03/25/2004

#

Docket Text

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

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

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

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

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

03/25/2004 04/30/2004

5 MINUTE ORDER: Case reassigned from Magistrate Judge Don J Svet to Senior Judge C. LeRoy Hansen (cc: all counsel*) (jrm) (Entered: 03/26/2004)
6 CONSENT DECREE by Senior Judge C. LeRoy Hansen as described herein dismissing case (cc: all counsel) (jrm) (Entered: 04/30/2004)