Saunders v. Claytor, 79-4373
| Decision Date | 03 October 1980 |
| Docket Number | No. 79-4373,79-4373 |
| Citation | 629 F.2d 596 |
| Parties | 26 Fair Empl.Prac.Cas. 1734, 24 Empl. Prac. Dec. P 31,293 Etta B. SAUNDERS, Plaintiff-Appellee, v. William Graham CLAYTOR, Jr., Secretary of the Navy, et al., Defendants- Appellants. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Michael Jay Singer, Dept. of Justice, Washington, D.C., on brief; Al J. Daniel, Jr., Washington D.C., argued for defendants-appellants.
Howard Moore, Jr., Oakland, Cal., Charles Stephen Ralston, New York City, on brief; Charles Stephen Ralston, New York City, argued for plaintiff-appellee.
On Appeal from the United States District Court for the Northern District of California.
Before ANDERSON and ALARCON, Circuit Judges, and WILLIAMS, District Judge. *
This case presents the following questions on appeal, (1) whether the district court's award of a "cost of living inflation factor" adjustment in addition to a back pay award against the United States under Title VII is barred by the doctrine of Sovereign immunity; and (2) whether the district court erred in awarding attorneys' fees for all work performed by plaintiff's counsel in two consolidated Title VII cases even though plaintiff prevailed in only one of them.
Plaintiff Etta Saunders, a Negro female, brought two employment discrimination suits against the Secretary of the Navy and others under Title VII, 42 U.S.C. §§ 2000e et seq. In the first action (CV 73-2241 WHO), she contested her removal from employment as a result of a reduction in force (RIF). In the second action (CV 74-1286 WHO), she challenged her denial of eligibility for the position of Equal Employment Opportunity Specialist.
Plaintiff was employed at the Naval Air Rework Facility as an Aircraft Metalsmith, a position she had obtained as a result of a determination by the Navy Department in 1968 that she had been denied promotion on the basis of sex discrimination. In March of 1973, plaintiff applied for the position of Equal Employment Opportunity (EEO) Specialist but was rated ineligible for that position. At approximately the same time, she was also told that because of a reduction in force of 108 positions, her employment as Aircraft Metalsmith would be terminated.
One of plaintiff's fellow employees filed an Administrative appeal on behalf of himself, plaintiff, and the other employees affected by the RIF. Plaintiff as an individual filed an EEO complaint with the Navy Department alleging that the RIF was based on race and sex discrimination against her. The Navy Department upheld the RIF, and plaintiff then filed a complaint against the Navy in district court under Title VII.
Plaintiff also filed an EEO complaint with the Navy alleging that her ineligibility rating for the EEO Specialist position was based on race and sex discrimination. The Navy Department upheld the rating. Plaintiff later filed a second complaint under Title VII challenging the Navy's denial of her application for the position.
The two cases were consolidated and tried together. The district court held that plaintiff had not demonstrated "that she was RIFed in retaliation for having opposed alleged discriminatory employment practices and/or having filed (in 1968) a complaint against the agency" or "that she was RIFed on the grounds of her sex (female) or her race." However, the court also held that plaintiff had proven "that she was rated ineligible for the position of EEO Specialist, GS-9, in retaliation for her opposition to unlawful employment practices and/or for having filed a complaint of unlawful (employment) discrimination against the agency" as well as "on the grounds of her sex."
On October 31, 1978, the court ordered that plaintiff be promoted to the position of EEO Specialist at the level of GS-11, the same level that she would most likely have attained had she been hired for that position on April 30, 1973. Plaintiff was awarded back pay of $92,955.92, which supposedly included amounts she would have received for promotions and appropriate step increases. Citing Richerson v. Jones, 551 F.2d 918, 925 (3d Cir. 1977), the court denied interest on the back pay award.
In addition to back pay, the court awarded a "cost of living inflation factor" adjustment amounting to $16,231.72 due through July of 1978. In its order the court stated that this award was necessary to assure compensation in "constant dollars" because calculation of plaintiff's back pay award would be based upon federal salary schedules in effect during prior years.
The court also awarded plaintiff $69,015 in attorneys' fees under 42 USC § 2000e-5(k) for all work performed by counsel on both cases. The Certificate of Counsel in Support of Request for Attorneys' Fees submitted by plaintiff's attorney did not contain a breakdown of how much time was spent on each case.
The Navy appealed from this judgment challenging only the inflation factor adjustment and the attorneys' fees award.
The district court should be reversed on its "cost of living inflation factor" adjustment. It is important first to identify precisely the nature of this award. The district court sought to make plaintiff whole by placing her in the same position she would have attained had she been hired as an EEO Specialist on April 30, 1973. According to the court's order of October 31, 1978, the court assumed entry into the Specialist position at the GS-7 level, promotion to GS-9 after one year, promotion to GS-11 after a second year, and appropriate step increases to the time of judgment. The calculation of back pay was based on salary schedules in effect during each of those years. The calculation included amounts for promotions, raises, and step increases, all of which presumably already reflected any cost of living adjustment. Over and above this back pay award, the court awarded an additional inflation factor adjustment, which it explained as "necessary to assure compensation in 'constant dollars' because calculation of plaintiff's back pay award (would) be based upon federal salary schedules in effect during prior years."
The doctrine of sovereign immunity dictates that the United States cannot be sued without its consent. The 1972 amendments to Title VII authorize the remedy of back pay for employees of the United States government who are victims of discrimination. See 42 U.S.C. § 2000e-5(g). Although many additional remedies, such as interest on back pay awards, vacation and sick pay adjustments are available to private employees, these remedies are not available to employees of the government because neither the 1972 amendments nor the incorporated provisions of Title VII expressly authorizes them. It is well settled case law that an award of interest on back pay is not available to government employees absent express statutory or contractual authorization. United States v. Alcea Band of Tillamooks, 341 U.S. 48, 49, 71 S.Ct. 552, 95 L.Ed. 738 (1951); Fischer v. Adams, 572 F.2d 406, 411 (1st Cir. 1978); Richerson v. Jones, ...
To continue reading
Request your trial
-
Shaw v. Library of Congress
...S.Ct. at 521, 64 L.Ed. at 939.38 Blake v. Califano, supra note 32, 200 U.S.App.D.C. at 31, 626 F.2d at 895. Accord, Saunders v. Claytor, 629 F.2d 596, 598 (9th Cir.1980), cert. denied, 450 U.S. 980, 101 S.Ct. 1515, 67 L.Ed.2d 815 (1981) ("[i]n essence, the inflation factor adjustment is a d......
-
Library of Congress v. Shaw
...from an opportunity cost or from the effects of inflation, the increase is prohibited by the no-interest rule.7 See Saunders v. Clayton, 629 F.2d 596, 598 (CA9 1980) ("In essence, the inflation factor adjustment is a disguised interest award."), cert. denied, 450 U.S. 980, 101 S.Ct. 1515, 6......
-
Clemente v. United States
...concedes that interest is unavailable against the government because of the doctrine of sovereign immunity. See Saunders v. Claytor, 629 F.2d 596 (9th Cir.1980). The Court, however, does find that an award of attorneys fees and costs is appropriate under 42 U.S.C. § 2000e-5(k), since plaint......
-
Milner v. Bolger
...in Title VII actions brought against the military departments as well as the executive agencies of the United States, Saunders v. Claytor, 629 F.2d 596 (9th Cir. 1980) (Department of the Navy), Blake v. Califano, 626 F.2d 891 (D.C. Cir. 1980) (Department of Health and Human Services), deWee......