VILLAGE OF CUBA, NEW MEXICO, SETTLES SEX DISCRIMINATION AND RETALIATION LAWSUIT WITH JUSTICE DEPARTMENT AND PRIVATE PLAINTIFFS

WASHINGTON, D.C. – The Village of Cuba, New Mexico, has agreed to settle a work discrimination lawsuit that was brought by the Justice Department, and three former employees of the village, alleging sex discrimination and retaliation.

In January 2001, the Justice Department filed a suit in U.S. District Court in Albuquerque, New Mexico, alleging that the village discriminated against female hourly employees when it failed or refused to increase their hourly compensation at the same rate given to male hourly employees. The suit also alleged that the village discriminated against one former female employee by failing or refusing to promote her or consider her for promotion when she complained about the wage disparity.

"All employees should be free to take home a pay check untarnished by wage decisions based on sex," said Ralph F. Boyd, Jr., Assistant Attorney General for Civil Rights. "This settlement provides relief not only to former employees who filed charges, but to current and future employees as well, whose rights are protected by the terms of the settlement agreement."

Under the terms of the settlement agreement the village will give back pay to the three former female employees who filed the discrimination charges with the U.S. Equal Employment Opportunity Commission, as well as fees and costs to cover the expenses of their private attorneys. In addition, the village will propose a budget change for approval by the New Mexico Department of Finance and Administration to raise the beginning hourly rate of several village positions and adjust this rate upward, as appropriate, for current female hourly employees.

"We are concerned about sex discrimination in employment, including discrimination in employee compensation, and we will continue to vigorously enforce the law in this area throughout all of New Mexico," said Georgia Marchbanks, Enforcement Manager, Albuquerque District Office of the Equal Employment Opportunity Commission. "Individual employees can make a difference in their workplaces. We hope that this settlement will influence other employers, including local entities, to take action to prevent sex discrimination in the workplace, as discrimination in any community, large or small, cannot be tolerated."

The Village Council will also undertake equal employment opportunity training, including training on employment discrimination based on sex and retaliation. The agreement will remain under court supervision for six months, during which time the Justice Department will monitor the village's compliance with its terms.

The three private plaintiffs originally filed charges with the U.S. Equal Employment Opportunity Commission, which investigated the matter and found reasonable cause to believe that a violation of Title VII had occurred before referring it to the Justice Department.

Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of gender, race, color, national origin or religion. More information about the Civil Rights Act and other federal employment laws is available on the Department of Justice internet site at http://www.usdoj.gov/crt/emp/index.html.

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