On March 3, 2003, the United States filed a lawsuit under Title VII against the Regents of the University of California in the Eastern District of California, Sacramento division. The United States Department of Justice alleged that the Regents retaliated against two female employees for reporting sexual harassment by a male co-worker. Specifically, the United States contended that the Regents released two female employees from their employment as Telecommunications Operators because they opposed practices they reasonably thought to be unlawful. The United States sought remedial and injunctive relief.

The EEOC investigated the complainant's charge and found reasonable cause to believe that female employees were retaliated against for engaging in protected activity in violation of Title VII. It then unsuccessfully attempted to achieve a voluntary resolution of these matters through conciliation and subsequently referred the charge to the Department of Justice.

On March 13, 2003, the plaintiffs and the defendant agreed to enter into a consent decree ordered by the Eastern District of California (Judge Edward J. Garcia). The Regents agreed to offer compensatory damages and back pay to one of the female employees. She did not wish to return to her job. The other female employee was offered reinstatement and remedial seniority. In order to accept the relief, the two employees had to sign an executed release. The Regents agreed not to retaliate against or in any way adversely affect any person because that person opposed allegedly discriminatory practices by filing a complaint. The Regents further agreed to provide mandatory sexual harassment training to all management level and supervisory employees. Finally, the Regents agreed to retain all records relating to: complaints or charges of retaliation, employees that resign or are terminated from employment, reasons pertaining to employee resignations or terminations, and all complaints of retaliation for the duration of the decree. The U.S. will have the right to inspect all such documents.

Dana Schwarz - 11/06/2007


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