Johnson v. University of Pittsburgh

• Citation: 435 F. Supp. 1328
• Decision Date: 01 August 1977
• Docket Number: Civ. A. No. 73-120.
• Parties: Dr. Sharon JOHNSON v. The UNIVERSITY OF PITTSBURGH, Wesley W. Posvar, Francis S. Cheever, Donald N. Medearis, Edward C. Heath, The Board of Trustees of the University of Pittsburgh, William H. Rea, George A. Stinson, Roger S. Ahlbrandt, Henry L. Hillman, Leon Falk, S. Harris Johnson, Leslie B. Worthington and Harvey J. Haughton.
• Court: U.S. District Court — Eastern District of Pennsylvania

435 F. Supp. 1328

Dr. Sharon JOHNSON v. The UNIVERSITY OF PITTSBURGH, Wesley W. Posvar, Francis S. Cheever, Donald N. Medearis, Edward C. Heath, The Board of Trustees of the University of Pittsburgh, William H. Rea, George A. Stinson, Roger S. Ahlbrandt, Henry L. Hillman, Leon Falk, S. Harris Johnson, Leslie B. Worthington and Harvey J. Haughton.

Civ. A. No. 73-120.

United States District Court, W. D. Pennsylvania.

August 1, 1977.

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Sylvia Roberts, Baton Rouge, La., for plaintiff.

Charles C. Arensberg, Leonard L. Scheinholtz, Pittsburgh, Pa., for defendants.

ADJUDICATION, FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW

KNOX, District Judge.

I. INTRODUCTION

Dr. Sharon Johnson, an assistant professor in the Department of Biochemistry of the School of Medicine at the University of Pittsburgh brings this action for alleged sex discrimination in connection with the refusal of the University at the end of her second three-year contract as an assistant professor to promote her to the rank of associate professor and grant her tenure as a member of the faculty. The accompanying result was termination of her employment. Plaintiff originally sought a preliminary injunction against the termination of her employment on June 30, 1973 which also would have resulted in termination of grants received from the National Institute of Health. After five days of hearings, the court determined that the plaintiff had made out a prima facie case, and that irreparable harm would result if the status quo was not preserved. A preliminary injunction was therefore issued retaining her in her job as assistant professor at the University pending outcome of what appeared to be complex and protracted litigation. See Johnson v. Univ. of Pgh., 359 F.Supp. 1002 (W.D.Pa.1973).

The forecast as to the complex and protracted nature of the case although not a class action has been borne out by subsequent events. The case was tried non jury before the court, plaintiff having waived her rights to jury trial with respect to causes of action for damages under the Civil Rights Act, 42 U.S.C. §§ 1983 and 1985(3). Trial on the merits occupied the court for a period of 74 days during seventeen weeks. 12,085 pages of testimony were taken, 73 witnesses were heard some of them being on the stand for many days and close to 1,000 exhibits were received in evidence.

During the trial, the court has been required to make excursions through the very frontiers of human knowledge in the ever advancing field of biochemistry. The case is also an example of the devastating effects of sex discrimination cases of this kind against universities upon the work and calendars of the United States courts, and the commitments and time of trial counsel. Attempts to curtail the case proved fruitless in view of plaintiff's claim, for which there appeared to be a reasonable basis that because of sex discrimination males had been hired and promoted in her department who were less qualified than she was to receive promotion and tenure. This necessitated the examination of the professional credentials of numerous professors, a task for which the court like probably most federal judges was ill suited. The case of Cussler v. University of Md., 430 F.Supp. 602 (D.Md.1977) is another illustration of the problems posed by a case of this kind. Before proceeding with the opinion and discussion, in view of the multitudinous factual problems presented, the court will make the following detailed.

II. FINDINGS OF FACT

1. The plaintiff is Dr. Sharon L. Johnson, a female assistant professor employed by the University of Pittsburgh (hereinafter Pitt) in the Biochemistry Department of the School of Medicine. Pitt is a large university with many schools and colleges headquartered in Pittsburgh, Pennsylvania. It has 35,000 students and 7500 employees.

2. The plaintiff's action is based on the Civil Rights Act of 1964, Title VII, as amended, 42 U.S.C. § 2000e, et seq. The Civil Rights Act of 1871, 42 U.S.C. § 1983, the Civil Rights Act of 1861, § 1985(3) and Article 1, Section 28 of the Pennsylvania Constitution. The defendants in the Title VII action are the University of Pittsburgh, Dr. Donald N. Medearis, Dean of the Medical School, and Dr. Edward C. Heath, Chairman of the Biochemistry Department. The defendants in the plaintiff's action based on 42 U.S.C. §§ 1983 and 1985(3) and the Pennsylvania Constitution are the University, Dr. Medearis, Dr. Heath, the Chancellor, Dr. Wesley W. Posvar, the Vice Chancellor for the Health Professions, Dr. Francis S. Cheever, and certain members of the Board of Trustees of the University. William H. Rea, George S. Stinson, Robert A. Ahlbrandt, Henry L. Hillman, Leon Falk, Dr. S. Harris Johnson and Harvey J. Haughton. The Chancellor at Pitt performs the functions of president in other universities.

3. In 1967, Dr. Moldave then Chairman of the Biochemistry Department of the Medical School hired the plaintiff at the rank of assistant professor in the Biochemistry Department. Plaintiff had obtained her Ph.D. degree in chemistry in 1959 and, as of 1967, had published nine papers. Prior to coming to Pitt the plaintiff spent six years at Mellon Institute, Pittsburgh, under two three-year contracts. At Mellon Institute the plaintiff testified that she started in the biology unit and then transferred to either the organic chemistry group or the physical-organic chemistry group. (Transcript of Trial (hereinafter T) 1214-5.) (Johnson).

After leaving Mellon Institute, Plaintiff spent one year at Vassar College as an associate professor of chemistry without tenure. Preliminary Injunction Transcript (hereinafter P.I.) 25-27, T. 1206, 1909 (Johnson); P.E. 70. The National Institute of Health grant which she had obtained at Mellon Institute was transferred by plaintiff to Vassar in 1965. After leaving Vassar in 1966, plaintiff spent one year as a chemist for Westinghouse where she did research on the physical and chemical properties of liquid crystals.

4. The plaintiff was employed originally at Pitt at an annual salary of $13,000 which had increased to $18,000 in 1973 after certain raises and cost of living increases. The salary she received was higher than the salary paid to a male assistant professor in the Department who had been hired in 1961. D.E. 107.

5. In 1967 Dr. Moldave also hired Dr. Nakada at the rank of associate professor with a salary of $18,500 in the Biochemistry Department. Based on his outstanding qualifications, Dr. Moldave actively sought to recruit Dr. Nakada as a member of the faculty.

From 1955 to 1958, Dr. Nakada was an outstanding scientist of renown having been a faculty member of Osaka University in Japan; a visiting assistant professor at Columbia University; a visiting assistant professor at MIT and a project leader in charge of a large research group at E. I. Du Pont DeNemours & Co. The salary paid was appropriate for someone of Dr. Nakada's stature.

6. At the time Dr. Nakada and Dr. Johnson were hired, Dr. Nakada had a considerably more impressive bibliography and was a senior scientist with substantial research achievements in the area of biochemistry as compared with Dr. Johnson, a junior scientist who had not yet achieved full development and whose work was characterized as being in the area of physical-organic chemistry which was beginning to lean in a more biochemical direction. T. 725 (Mandel). In the seven years from 1960-67, Dr. Nakada had 24 publications as compared to the nine papers published by plaintiff during the eight-year period since receiving her Ph.D. T. 3711-5 (Cheever).

7. When the plaintiff was hired by Dr. Moldave, three other individuals were already employed in the department at the rank of assistant professor, Drs. McNary, Weliky and Diven. In addition to the plaintiff, Dr. Moldave hired Drs. Bishop, Arfin and Ihler as assistant professors in 1969. In 1970, Dr. Moldave hired another assistant professor, Dr. Phillips.

8. In 1969 Dr. Diven transferred his primary appointment from the Biochemistry Department to the Pathology Department which assumed responsibility for his salary. In the Spring of 1971 he was given tenure in the pathology department which was responsible for his salary and his primary department. He was also promoted to associate professor in the Biochemistry Department where his appointment was secondary. Dr. Heath was likewise informed of this.

In 1970 the appointments of Dr. McNary and Weliky, both males were not renewed, and in 1971 Dr. Bishop, also a male, was terminated. T. 10,929-34 (LiVolsi); T. 11,787-9 (Nakada); D.E. 107.

9. Dr. Moldave resigned as department chairman in 1970 to go to the Department of Biological Chemistry of the California College of Medicine, University of California at Irvine.

The Department Under Dr. Basford.

10. Dr. Robert Basford became the acting chairman of the Department of Biochemistry of the School of Medicine for the period from July 1970 to July 1971.

11. During this period, no new faculty appointments were made. However, the following changes in personnel occurred:

a. Dr. Arfin resigned to take a position in Dr. Moldave's new department.

b. Dr. Ihler was promoted to the rank of associate professor in the Spring of 1971 c. Dr. Nakada who was already a tenured member of the faculty, was promoted to the rank of full professor.

12. Dr. Basford recommended Dr. Ihler for promotion to the rank of associate professor on February 15, 1971. At that time there was a competing offer for his services from Dr. Moldave at the University of California. His promotion was approved by the ad hoc committee appointed by the Dean in accordance with usual university procedures. Although Dr. Heath was not chairman at the time his selection was known and Dean Medearis as a courtesy wrote to Dr. Heath to inform him of Dr. Basford's recommendation.

13. With respect to Dr. Diven's primary appointment in...