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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 filed a lawsuit against the City of Gallup, New Mexico in the U.S. District Court for the District of New Mexico. The D.O.J. alleged that the city engaged in a pattern or practice of intentional employment discrimination against American Indians ... read more >
On September 29, 2004, the U.S. Department of Justice filed a lawsuit against the City of Gallup, New Mexico in the U.S. District Court for the District of New Mexico. The D.O.J. alleged that the city engaged in a pattern or practice of intentional employment discrimination against American Indians in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the City of Gallup, including the City's Police, Fire, Solid Waste, and Utilities Department excluded qualified American Indians from the City’s workforce 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. The D.O.J. asked the court for injunctive and monetary relief.

On October 27, 2004, the district court entered a consent decree ordering that: (1) American Indians were not to be subjected to discrimination on the basis of race in recruitment or hiring for City employment in violation of Title VII; (2) the City adopt 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 were not to be retaliated against because of such complaints; and (4) the City provide monetary relief and/or priority hiring with retroactive seniority to claimants who from January 1, 1997 to the date of entry of the Decree, were denied employment with the City due to the claimant's race.

In August 2009, Gallup's motion to dismiss and terminate the consent decree was granted, concluding the case.

Hyun Jeong Yang - 10/16/2007
Sara Denbo - 02/22/2019


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Retaliation Prohibition
Retroactive Seniority
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. § 2000e
Defendant(s) City of Gallup
Plaintiff Description United States of America via the Department of Justice 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
Filed Pro Se 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 - 2009
Filing Year 2004
Case Closing Year 2009
Case Ongoing No
Docket(s)
1:04-cv-01108-WDS-RLP (D.N.M.)
EE-NM-0057-9000.pdf | Detail
Date: 08/12/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NM-0057-0001.pdf | Detail
Date: 09/29/2004
Consent Decree
EE-NM-0057-0002.pdf | Detail
Date: 10/27/2004
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Judges Puglisi, Richard L. (D.N.M., D. Haw.) show/hide docs
EE-NM-0057-9000
Schneider, W. Daniel (D.N.M.) show/hide docs
EE-NM-0057-0002 | EE-NM-0057-9000
Plaintiff's Lawyers Fenton, William B. (District of Columbia) show/hide docs
EE-NM-0057-0001 | EE-NM-0057-0002 | EE-NM-0057-9000
Iglesias, David C. (New Mexico) show/hide docs
EE-NM-0057-0001 | EE-NM-0057-9000
Palmer, David J. (District of Columbia) show/hide docs
EE-NM-0057-0001 | EE-NM-0057-0002 | EE-NM-0057-9000
Rao, Sonya A (District of Columbia) show/hide docs
EE-NM-0057-9000
Toomey, Kathleen (District of Columbia) show/hide docs
EE-NM-0057-9000
Defendant's Lawyers Isaacson, Thomas Lynn (New Mexico) show/hide docs
EE-NM-0057-9000
Kozeliski, George W. (New Mexico) show/hide docs
EE-NM-0057-0002 | EE-NM-0057-9000

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