IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
VALDERIE C. ABRAMSEN, et al.
  :
CIVIL ACTION
  :
v.
  :
  :
TOM VILSACK, IN HIS 
  :
OFFICIAL CAPACITY AS 
  :
SECRETARY OF AGRICULTURE 
  :
OF THE UNITED STATES OF 
  :
AMERICA, et al.
  :
NO. 07-31
MEMORANDUM
Bartle, J.
November 1, 2011
Plaintiffs bring this action for racial discrimination
under Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e et seq.  Before the court is the motion of defendant the
Secretary of the United States Department of Agriculture (the
"USDA") for leave to amend his answer to file a cross-claim
against the defendant the University of the Virgin Islands (the
"University"). 
All plaintiffs are current or former employees of the
University who allegedly were eligible for a dual appointment
program under which they would have received federal employment
benefits.  Plaintiffs assert that defendant the USDA or its agent
failed to inform them of their right to dual appointment or
consider them for that program due to their race.  After
briefing, we held oral argument on the motion of the USDA for
leave to amend its answer to file a cross-claim for contribution
against the University. 
Case: 1:09-cv-00101-HB   Document #: 105   Filed: 11/01/11   Page 1 of 2
Even if the University could be liable under Title VII
for racial discrimination, plaintiffs have not sued it.  In the
Second Amended Complaint, plaintiffs state that they "make no
allegations of wrongdoing against the University of the Virgin
Islands and seek no monetary or equitable relief against the
University of the Virgin Islands."
The Supreme Court's decision in Northwest Airlines,
Inc. v. Transport Workers Union of America controls.  451 U.S. 77
(1981).  There, plaintiffs sued their employer for gender
discrimination.  Id. at 80-81.  After being held liable, the
employer sued the employee's union for contribution on the ground
that the collective bargaining agreement authorized lower payment
for women than men.  Id. at 82.  The Supreme Court assumed that
the union could have been held liable on the Title VII claim and
that all elements of a typical contribution claim had been met.
Id. at 89-90.  Nonetheless, it held that there is no right to
contribution under Title VII under the circumstances.  Id. at 98-
99.  
As in Northwest Airlines, plaintiffs have not sued the
University for unlawful discrimination.  Thus, the USDA may not
seek contribution from the University even if judgment is entered
in favor of plaintiffs and against the USDA. 
Accordingly, the motion of the defendant the USDA to
amend its answer to add a cross-claim for contribution against
the University will be denied.
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Case: 1:09-cv-00101-HB   Document #: 105   Filed: 11/01/11   Page 2 of 2