UDC were a pretext for discrimination. Burdine, supra at 1093. Acosta has carried this burden. Subjectivity and conflicts of interest pervaded the promotions process. The three members who selected the initial Promotions Committee were the individuals who were ranked one, two and three for promotion. The criteria for awarding points by the Committee was not defined. The 290 points awarded plaintiff was clearly far too low. The memorandum from the Promotions Committee to Chatman which listed its ranking was dated February 22, while the February 23 memorandum from the Deans Committee to Dr. Perpener indicated the Deans Committee met on February 21. The Promotion Committee's working papers were lost in a fire so their findings could not be checked. The "terminal degree" requirement could not be well defined. Its elusive nature shows even more subjectivity. Numerous other examples of the contradictions in UDC's arguments have been discussed above. These incidents prove that the entire promotion procedure was invalid and discriminatory. The Court finds that the terminal degree requirement was a pretext for denial of plaintiff's application for promotion.
In order to make plaintiff whole, he is promoted retroactively to full professor as of August 16, 1978 at the grade 2, step 6 level and awarded a step increase to step 7 as of the fall semester of 1980. The Court bases its decision on the fact that faculty members Bhambri, Jones, Olympia and Rode were compensated at the G.2, S.7 level when promoted to full professor in 1978. Meredith Rode was then awarded a step increase to step 7 in 1979. Virginia Moore, who was promoted to full professor in 1976 at G.2, S.6, received a step increase to step 7 in 1977 and another increase to step 8 in 1979.
In money damages plaintiff shall receive full back pay with interest compounded at 6% per annum for salaries lost for the academic years 1978 to present and for his summer appointments from 1979 to the present. In addition, plaintiff shall receive a 15% contribution to the pension fund for this back pay.
Acosta also alleges that defendants retaliated against him for filing a discrimination complaint by refusing his 1980 grant application and denying him step increases in salary. As described above in section I, Acosta applied in 1980 for a grant to write a criminal justice text. Dean Butler wrote a negative comment on the application, which comment was not ascertained because that paper was "lost." Plaintiff did not receive the grant.
Plaintiff has not presented a prima facie case of retaliation. While he meets the first three McDonnell Douglas requirements, he has not shown that other faculty members with the same or lesser qualifications were given grants. Further, Dean Butler testified that he was not aware of plaintiff's EEOC complaint when he commented on plaintiff's application. Finally, the Court notes that one does not receive grants as a matter of right. Accordingly, the Court finds no retaliation in UDC's denial of Acosta's grant application.
With respect to the denial of step increases, the Court finds the issue moot. The Court has ruled already that Acosta be promoted retroactively to full professor and be awarded all proper step increases.
The Court concludes, as a matter of law, that the defendants have violated the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Due Process Clause of the Fifth Amendment to the United States Constitution. The elements for a cause of action under sections 1981 and 1983 are identical to those of Title VII when used as a parallel basis for relief against disparate treatment in employment. Whiting v. Jackson State University, 616 F.2d 116, 121 (5th Cir. 1980). The Due Process Clause, which is applicable to the District of Columbia, Bolling v. Sharpe, 347 U.S. 497, 74 S. Ct. 693, 98 L. Ed. 884 (1954) "contains an equal protection component prohibiting the United States from invidiously discriminating between individuals or groups." Washington v. Davis, 426 U.S. 229, 239, 96 S. Ct. 2040, 2047, 48 L. Ed. 2d 597 (1976). In this case, the evidence demonstrated that defendants invidiously discriminated against plaintiff.
Under §§ 1981 and 1983 compensatory and punitive damages are available. Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 460, 95 S. Ct. 1716, 1720, 44 L. Ed. 2d 295 (1975). Plaintiff testified that he incurred $ 7,500 in costs. The Court, accordingly, awards him $ 7,500 as compensatory damages. The Court further notes that as the prevailing party he is entitled to attorney fees. Punitive damages are awarded in cases where bad faith and malice are shown. While defendants discriminated against plaintiff, the Court finds no malice in their actions and denies any punitive damages.
This case is dismissed.