University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. City of Gallup, New Mexico EE-NM-0057
Docket / Court 1:04-cv-01108-WDS-RLP ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On September 29, 2004, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII against the City of Gallup in the U.S. District Court for the District of New Mexico. The D.O.J. asked the court for injunctive and monetary relief.

The D.O.J. alleged that the defendant ... read more >
On September 29, 2004, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII against the City of Gallup in the U.S. District Court for the District of New Mexico. The D.O.J. asked the court for injunctive and monetary relief.

The D.O.J. alleged that the defendant engaged in a pattern or practice of intentional employment discrimination against American Indians by using recruitment and hiring procedures that exclude qualified American Indians from the City's workforce in violation of Title VII. The complaint specifically alleges that the City of Gallup, including the City's Police, Fire, Solid Waste and Utilities Department, implemented discriminatory recruitment and hiring procedures on the basis of race by: (1) failing or refusing to recruit and hire American Indians on the same basis as whites and Hispanics; and (2) failing or refusing to take appropriate action to correct the present effects of the discriminatory policies and practices.

On October 27, 2004, the district court (Judge Richard L. Puglisi) entered a consent decree ordering that: (1) American Indians are not subjected to discrimination on the basis of race in recruitment or hiring for City employment in violation of Title VII; (2) the City adopts and maintains policies and procedures that prohibit discrimination on the basis of race in discrimination in employment, including recruitment and hiring; (3) individuals who complain of race discrimination in employment shall not be retaliated against because of such complaints; and (4) the City provides monetary relief and/or priority hiring with retroactive seniority to claimants who from January 1, 1997 to the date of entry of this Decree, were denied employment with the City due to the claimant's race.

The docket ends on September 27, 2007 with the district court (Judge Puglisi) granting one of defendant's attorney's motion to withdraw. We have no further information.

Hyun Jeong Yang - 10/16/2007


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Issues and Causes of Action
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Issues
Defendant-type
Fire
Law-enforcement
Sanitation/Public Works
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
American Indian/Alaskan Native
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of Gallup
Plaintiff Description United States of America on behalf of Native American applicants and potential employees
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2007
Case Closing Year 2004
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:04-cv-01108-WDS-RLP (D.N.M.) 09/27/2007
EE-NM-0057-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2004
EE-NM-0057-0001.pdf | Detail
Consent Decree 10/27/2004
EE-NM-0057-0002.pdf | Detail
Judges Puglisi, Richard L. (D. Haw., D.N.M.) [Magistrate]
EE-NM-0057-9000
Schneider, W. Daniel (D.N.M.) [Magistrate]
EE-NM-0057-0002 | EE-NM-0057-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fenton, William B. (District of Columbia)
EE-NM-0057-0001 | EE-NM-0057-0002 | EE-NM-0057-9000
Iglesias, David C. (New Mexico)
EE-NM-0057-0001 | EE-NM-0057-9000
Palmer, David J. (District of Columbia)
EE-NM-0057-0001 | EE-NM-0057-0002 | EE-NM-0057-9000
Rao, Sonya A (District of Columbia)
EE-NM-0057-9000
Toomey, Kathleen (District of Columbia)
EE-NM-0057-9000
Defendant's Lawyers Isaacson, Thomas Lynn (New Mexico)
EE-NM-0057-9000
Kozeliski, George W. (New Mexico)
EE-NM-0057-0002 | EE-NM-0057-9000
Other Lawyers None on record

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