University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name United States of America v. University of New Mexico EE-NM-0060
Docket / Court 1:04-cv-00299-LH-ACT ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization U.S. Dept. of Justice Civil Rights Division
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, ... read more >
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.

This case is closed.

Erin Forman - 11/04/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Defendant-type
College/University
Discrimination-area
Accommodation / Leave
Discrimination-basis
Pregnancy discrimination
Sex discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) University of New Mexico
Plaintiff Description United States, on behalf of pregnant female health technicians
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 2004 - n/a
Case Closing Year 2004
Case Ongoing No
Additional Resources
click to show/hide detail
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-00299-LH-ACT (D.N.M.) 04/30/2004
EE-NM-0060-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/16/2004
EE-NM-0060-0001 PDF | Detail
Consent Decree 05/03/2004
EE-NM-0060-0002 PDF | Detail
Judges Hansen, C. LeRoy (D.N.M.)
EE-NM-0060-9000
Torgerson, Alan C. (D.N.M.) [Magistrate]
EE-NM-0060-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ehrlich, Anat (District of Columbia)
EE-NM-0060-9000
Gadzichowski, John M. (District of Columbia)
EE-NM-0060-0001 | EE-NM-0060-0002 | EE-NM-0060-9000
Iglesias, David C. (New Mexico)
EE-NM-0060-0001 | EE-NM-0060-0002
Mitchell, Jan Elizabeth (New Mexico)
EE-NM-0060-9000
Palmer, David J. (District of Columbia)
EE-NM-0060-0001 | EE-NM-0060-0002 | EE-NM-0060-9000
Toomey, Kathleen (District of Columbia)
EE-NM-0060-9000
Defendant's Lawyers Staley, Elizabeth (New Mexico)
EE-NM-0060-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -