Tancredo R. VERZOSA, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellant

The district court found that appellant Merrill Lynch, Pierce, Fenner & Smith had refused to promote appellee Verzosa, a Filipino, from a supervisory clerical position to account executive solely because of his race. The company appealed. We affirm.

In 1956 appellee was hired in the company’s Seattle office as a clerk. His work record was excellent, and he was promoted regularly. In 1969, however, his application for promotion to account executive was rejected. In 1970 and 1971 appellee reapplied for promotion. His application was again rejected. In 1973 a Filipino organization urged appellee’s promotion. A personnel officer of the company interviewed appel-lee, but he was again refused promotion. Shortly thereafter appellee complained to EEOC. He was issued a “right-to-sue” letter, and filed this action under Title VII, 42 U.S.C. § 2000e et seq.

The matter was referred to a special master. The special master (1) found appellee was qualified for the position of account executive, and (2) computed the amount of back pay due as the difference between appellee’s clerical salary for the two years preceding his EEOC claim (1971 — 73) and the average earnings of a comparably…