University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. UNIVERSITY OF PHOENIX EE-NM-0048
Docket / Court CIV 05 1048 MCA/WPL ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit against educational service-provider University of Phoenix, Inc. in the U.S. District Court for the District of New Mexico, alleging discrimination on the basis of gender, female, and ... read more >
In September 2005, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit against educational service-provider University of Phoenix, Inc. in the U.S. District Court for the District of New Mexico, alleging discrimination on the basis of gender, female, and retaliation in violation of Title VII of the Civil Rights Act of 1964. The complaining parties intervened in the lawsuit in February and May of 2006. Following discovery, settlement by one complaining party in July 2006, a motion for summary judgment partially granted in the defendant's favor and another by the complainant that was denied, the remaining parties settled the lawsuit in August 2007 through a consent decree.

The three-year decrees, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, allow the EEOC access for monitoring, create internal managers, apologize to the complainants, provide a neutral reference to the complainants, post and distribute notice of employee rights, provide EEO training, implement a dispute resolution process, refrain from reemploying a specified individual, and pay $355,000 to two individuals and their attorneys. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Daisy Manning - 05/14/2008
- 06/11/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Apology
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Training
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) University of Phoenix, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted 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 2007 - 2010
Case Closing Year 2010
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)
1:05-cv-01048-JB-WPL (D.N.M.)
EE-NM-0048-9000.pdf | Detail
Date: 08/20/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NM-0048-0001.pdf | Detail
Date: 09/30/2005
First Amended Complaint
EE-NM-0048-0002.pdf | Detail
Date: 10/12/2005
Intervenor Complaint
EE-NM-0048-0003.pdf | Detail
Date: 02/13/2006
Clerk's Minutes [Contain Order RE: Motion to Compel] (D.N.M.)
EE-NM-0048-0007.pdf | Detail
Date: 05/10/2006
Complaint of Intervenor Loretta Grado
EE-NM-0048-0004.pdf | Detail
Date: 05/26/2006
Consent Decree Pertaining to Charging Party Lorena Pinon Only
EE-NM-0048-0005.pdf | Detail
Date: 07/14/2006
Memorandum Opinion and Order [Re: Motion to Compel] (D.N.M.)
EE-NM-0048-0006.pdf | Detail
Date: 09/14/2006
Memorandum Opinion and Order [Re:Motion to Compel] (2007 WL 1302578 / 2007 U.S.Dist.LEXIS 34202) (D.N.M.)
EE-NM-0048-0011.pdf | WESTLAW| LEXIS | Detail
Date: 04/10/2007
Memorandum Opinion and Order [Re: Motion for Summary Judgment] (505 F.Supp.2d 1045) (D.N.M.)
EE-NM-0048-0010.pdf | WESTLAW| LEXIS | Detail
Date: 04/18/2007
Source: Google Scholar
Amended Consent Decree []
EE-NM-0048-0009.pdf | Detail
Date: 08/20/2007

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