United States v. Department of Mental Health
Opinion
Opinion
Beck, J.
CORRECTED ORDER GRANTING THE MOTION OF MARY ARRIAGA TO INTERVENE (F.R.Civ.P. 24(a)(2))
This is a Title VII action (42 U.S.C. §§ 2000e et seq.) brought by the United States of America, on behalf of Mary Arri-aga. The complaint alleges that Defendant discriminated against Ms. Arriaga on the basis of her national origin/ethnicity (Mexican-American) by failing to promote her to the position of Case Management Director. Ms. Arriaga now seeks to intervene as a matter of right pursuant to Fed.R.Civ.P. 24(a)(2) which provides in pertinent part as follows:
Fed.R.Civ.P. 24(a)(2).
In her Complaint in Intervention Ms. Ar-riaga seeks to recover damages for “emotional and mental distress and anguish, embarrassment, mortification, humiliation and indignity” and requests a jury trial on those issues. The new claims and jury demand are based upon her assertion that the Civil Rights Act of 1991 (hereinafter 1991 Act) or at least, Section 102 of that Act which adds 42 U.S.C. § 1981a providing for recovery of compensatory and punitive damages suffered as a result of intentional discrimination and a jury trial on those issues, is retroactive and should be applied to this case.