Raul Edward REVIS, Plaintiff-Appellant, v. Melvin LAIRD, Secretary of Defense Et Al., Defendants-Appellees

This appeal presents the issue whether either Title VII of the Civil Rights Act of 1964 or 42 U.S.C. § 1981 entitles appellant to a trial de novo on his federal employment discrimination claim. The trial court held that Title VII remedies should not be applied retroactively to these facts, and that there was no need for a de novo hearing under section 1981. We affirm.

FACTUAL BACKGROUND

The district court stated the facts and history of the administrative proceedings in its opinion in Revis v. Laird, 391 F.Supp. 1133 (E.D.Cal. 1975), rev’d sub nom. Revis v. Rumsfeld, 541 F.2d 286 (9th Cir. 1976) (mem.). We recite those facts necessary to this decision.

Appellant, a Mexican-American, is a civilian employee of the Air Force. On August 28, 1970, he filed a claim of racial discrimination with the Civil Service Commission against his employer. The Commission notified appellant on November 29, 1971, that its final decision was a finding of no discrimination. Four months later, on March 24,1972, Congress amended Title VII of the Civil Rights Act of 1964, adding section 717, 42 U.S.C. § 2000e-16, which extended Title VII administrative and judicial remedies to federal employees.…