Filed Date: June 30, 2003
Closed Date: July 3, 2003
Clearinghouse coding complete
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.
Summary Authors
Dana Schwarz (11/6/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4244099/parties/united-states-v-university-of-guam/
Ashcroft, John (District of Columbia)
Boyd, Ralph F. Jr. (District of Columbia)
Fenton, William B. (District of Columbia)
Rapadas, Leonardo M. (Guam)
Santos, Marcelene C (California)
Unpingco, John S. (Guam)
See docket on RECAP: https://www.courtlistener.com/docket/4244099/united-states-v-university-of-guam/
Last updated March 20, 2024, 3:02 a.m.
State / Territory: Guam
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 30, 2003
Closing Date: July 3, 2003
Case Ongoing: No
Plaintiffs
Plaintiff Description:
US and individual University of Guam employees
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2003 - None
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
National origin discrimination
Race:
American Indian/Alaskan Native
Affected Sex or Gender:
National Origin/Ethnicity: