In 2007 and 2008, David Branham, 64, a program manager at the Fairfield campus of Brandman University, informed Brandman officials during an internal investigation that he witnessed older workers facing age discrimination. Branham claimed that after he informed the officials of the perceived discrimination, he was retaliated against and given additional responsibilities. Branham claimed that due to the retaliatory treatment, he was eventually forced to retire. Plaintiff the U.S. Equal Employment Opportunity Commission, acting on behalf of Branham, sued Brandman University and Chapman University, which was formerly Brandman’s parent corporation. The EEOC alleged that after attempting to reach a pre-litigation resolution through conciliation, it sued Brandman University and Chapman University for violations of the Age Discrimination in Employment Act, including retaliation and constructive discharge. Plaintiff’s counsel contended that during an investigation into a coworker’s allegations of discrimination, Branham informed officials that he heard his campus director make ageist comments about the coworker. Branham claimed that after informing the officials about what he heard, he suffered retaliation by the Vice Chancellor and the campus director to the point where he felt compelled to quit. For example, Branham alleged that within four months of the internal investigation, he was suddenly written up without justification. He also alleged that in the three years he worked for the university, he never received a write-up before. The universities denied Branham’s (and the EEOC’s) allegations. Chapman University argued throughout the litigation that it was not a proper defendant in the case. It claimed that Brandman University was formerly known as “The University College of Chapman University,” and that it was once a college within Chapman University. However, it claimed that in 2009, the University College of Chapman University changed its name to Brandman University, and then became separately accredited, with separate management and a separate board from Chapman University. Thus, Chapman University argued that although Brandman University is part of the Chapman University System, they are actually separate entities and Chapman University is not responsible for anything that allegedly occurred at Brandman University., The EEOC sought recovery of unspecified damages on behalf of Branham.