University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. University of Guam EE-GU-0003
Docket / Court 1:03-cv-00022 ( D. Guam )
State/Territory Guam
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
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 ... read more >
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.

Dana Schwarz - 11/06/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
College/University
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Other
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
American Indian/Alaskan Native
Asian/Pacific Islander
Black
White
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) University of Guam
Plaintiff Description US and individual University of Guam employees
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
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 2003 - n/a
Case Closing Year n/a
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)
1:03-cv-00022 (D. Guam) 07/03/2003
EE-GU-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2003
EE-GU-0003-0001 PDF | Detail
Settlement Agreement 07/03/2003
EE-GU-0003-0002 PDF | Detail
Judges Unpingco, John S. (D. Guam)
EE-GU-0003-0002 | EE-GU-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ashcroft, John (District of Columbia)
EE-GU-0003-0001
Boyd, Ralph F. Jr. (District of Columbia)
EE-GU-0003-0001 | EE-GU-0003-0002
Fenton, William B. (District of Columbia)
EE-GU-0003-0001 | EE-GU-0003-0002
Rapadas, Leonardo M. (Guam)
EE-GU-0003-0001 | EE-GU-0003-0002
Schwab, Mikel W (Guam)
EE-GU-0003-0001 | EE-GU-0003-0002 | EE-GU-0003-9000
Yang, Jenny R. (District of Columbia)
EE-GU-0003-0001 | EE-GU-0003-0002
Defendant's Lawyers Santos, Marcelene C (California)
EE-GU-0003-9000
Vartain, Michael (California)
EE-GU-0003-0002
Other Lawyers None on record

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