Green v. Board of Regents of Texas Tech University, Civ. A. No. 5-877.

• Decision Date: 21 December 1971
• Docket Number: Civ. A. No. 5-877.
• Citation: 335 F. Supp. 249
• Parties: Lola Beth GREEN, Plaintiff, v. BOARD OF REGENTS OF TEXAS TECH UNIVERSITY et al., Defendants.
• Court: U.S. District Court — Northern District of Texas

335 F. Supp. 249

Lola Beth GREEN, Plaintiff, v. BOARD OF REGENTS OF TEXAS TECH UNIVERSITY et al., Defendants.

Civ. A. No. 5-877.

United States District Court, N. D. Texas, Lubbock Division.

December 21, 1971.

Buford C. Terrell, Terrell, Terrell & Lansford, Lubbock, Tex., for plaintiff.

James H. Milam, Crenshaw, Dupree & Milam, Carlton B. Dodson, Lubbock, Tex., Crawford C. Martin, Atty. Gen. of Tex., W. O. Shultz, II, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Austin, Tex., for defendants.

MEMORANDUM OPINION

WOODWARD, District Judge.

The above case was heard before the Court sitting without a jury on the 15th and 16th days of December, 1971, and after having heard and examined the evidence, the arguments of counsel and the pleadings herein, the Court files this memorandum opinion as its findings of fact and conclusions of law.

This action was brought under 42 U. S.C. § 1983 to seek redress for grievances allegedly resulting from sex discrimination directed at plaintiff by the officials of Texas Tech University.

Plaintiff is an associate professor of English at Texas Tech University and has been teaching in the English Department of that university for almost twenty-five years. She began at the rank of instructor in 1946, received her doctorate in 1955, was promoted to assistant professor in that same year, and was promoted to the rank of associate professor in 1959. Beginning in 1962, she has applied periodically for promotion to full professor and has been denied each time. She alleges that these denials were based solely on the fact that she is female and that such action on the part of Texas Tech University is exemplary of a long-standing pattern and policy of the University of discrimination against women. This suit resulted from the denial of her 1969 application for promotion.

Plaintiff introduced evidence of her professional competence and achievements as well as those of her male colleagues in the English Department who have been granted the rank of full professor. She also produced statistical evidence to support the allegations of a pattern of discrimination against women in the hiring, salary and promotion practices of the English Department. Plaintiff contends that the statistical information shows a wide discrepancy in the salaries of men and women of the same rank, in the length of time each must spend in one rank before promotion, and in other related factors. However, since this is not a class action, and plaintiff is complaining solely of discrimination against her, the Court finds it unnecessary to reach a determination concerning the possibly discriminatory policies or practices of the University or department against women as a class. The statistical and comparative evidence introduced by plaintiff has been considered by the Court in determining whether the denial of plaintiff's promotion was the result of any such sex discrimination.

The Supreme Court of the United States has recently made it quite clear that discrimination by any state law or authority on the basis of sex is not to be tolerated. Reed v. Reed, 404 U.S. 71, 92 S.Ct. 251, 30 L.Ed.2d 225 (opinion dated November 22, 1971). We...