There was testimony at trial that these same two white sales representatives (Day and Greathouse) met privately with plaintiff's supervisor and discussed plaintiff's performance during her tenure as their superior, and that a rivalry existed between one of them (Greathouse) and plaintiff. Neither sales representative would testify to having expressed private criticisms of plaintiff, but the Court found their demeanor to be less than forthcoming on this matter. Plaintiff also was demoted without individual counselling or written notice, whereas her white male successor was given several warnings by his supervisor prior to disciplinary action, a procedure which that supervisor identified as proper management.
These disparities in treatment must be viewed in the context both of plaintiff's situation as Trailways' only black tour manager in the Northeast region if not the entire country, and of defendant's less than candid behavior during the months preceding the demotion. The Court finds that over a four- month period in 1978, plaintiff was the victim of a concerted effort to force her to resign. Prior to the demotion and without notice, her supervisor openly advertised for a replacement in her position through The Washington Post, spread false rumors of her resignation or retirement among her own staff, other tour managers in the Northeast region, and the Dallas national office, and discussed plaintiff with white female sales representatives employed under plaintiff's supervision. Plaintiff suffered considerable anguish and humiliation during this campaign, but when she did not succumb Mr. Clark rudely proceeded to demote her on a pretextual basis. His action of confronting plaintiff with her successor without any warning on the new manager's first day of work was a crowning indignity for plaintiff to have to endure. Defendant has produced no satisfactory explanation for the pattern of blatant insensitivity displayed toward its one black managerial employee in the Northeast region. Taken as a whole, the Court is forced to conclude that a discriminatory purpose was more likely than not involved in defendant's decision to demote.
Once discrimination has been found, defendant can prevail only if it proves by clear and convincing evidence that plaintiff would have been demoted even absent the discriminatory treatment. Day v. Mathews, 174 U.S.App.D.C. 231, 530 F.2d 1083, 1085 (D.C.Cir.1976). Since the Court views defendant's proffered business reasons as both unsubstantiated and pretextual, it is obvious that defendant has not met its burden. Plaintiff therefore has established by a preponderance of the evidence that her demotion from the position of Charter/Tour Manager was an act of discrimination done by reason of her race. A violation of Title VII has been shown; plaintiff has also proven a violation of 42 U.S.C. § 1981, Long v. Ford Motor Co., 496 F.2d 500, 505 (6th Cir. 1974); Sabol v. Snyder, 524 F.2d 1009, 1012 (10th Cir. 1975), and of the District of Columbia Human Rights Law, See Newsweek Magazine v. District of Columbia Comm'n on Human Rights, 376 A.2d 777, 789 (D.C.App.1977).
Plaintiff contends that the reasons advanced to account for her demotion are also a pretext for sex discrimination. The Court finds that she has failed to adduce sufficient evidence in support of this claim; indeed there is no evidence that her sex played any role in her demotion. Defendant had and continues to have a clear practice of assigning women managerial responsibilities for charter/tour operations. Females have filled the position of Charter/Tour Manager in Washington, D.C., subsequent to plaintiff's tenure. Although plaintiff alleges her demotion was part of a region-wide reorganization aimed primarily at displacing women, female sales representatives in the Washington, D.C., office were retained beyond April 1978, as were female managers in New York and Philadelphia. The argument that women were systematically mistreated during this reorganization is not convincing. Absent more substantial evidence than plaintiff's subjective assertion of sex discrimination, the Court is unable to find that her demotion was "more likely than not . . . bottomed on impermissible (sexual) considerations." Furnco Constr. Corp. v. Waters, 438 U.S. 567, 580, 98 S. Ct. 2943, 2951, 57 L. Ed. 2d 957 (1978).
Plaintiff has failed to establish her claim for punitive damages but is entitled to other monetary and equitable relief, to wit:
(1) Plaintiff is awarded the sum of $ 2,500 as compensatory damages for her humiliation and derogatory treatment at the hands of defendant's representatives, pursuant to 42 U.S.C. § 1981, See Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 459-60, 95 S. Ct. 1716, 44 L. Ed. 2d 295 (1975);
(2) Plaintiff is awarded back pay representing the difference between her compensation and the rate of compensation paid to the Charter/Tour Manager at Washington, D.C., since her demotion, together with all benefits related to this enhanced compensation;
(3) Plaintiff shall be reinstated to the position of Washington, D.C., Charter/Tour Manager;
(4) Plaintiff is awarded reasonable attorney's fees and costs which counsel should seek by appropriate motion unless, as is preferable, the parties reach mutual agreement on the appropriate sum.
Counsel shall present final judgment within ten days from the date hereof. The injunction issued to preserve the Court's jurisdiction Pendente lite is dissolved upon entry of final judgment.
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