Alice Madeleine Laborde v. The Regents of the University of California

Alice Laborde started teaching at the University of California at Irvine in 1965 as an assistant professor. In 1970 she was awarded tenure as an associate professor in the French and Italian Department. Laborde was considered for promotion to full professor several times after the 1973-74 academic year. Each time the University decided against promotion.

Laborde brought an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., alleg *717 ing that the University’s decision not to promote her to full professor after 1975 was based on an unlawful discrimination against her sex. 1 She appeals the dismissal of her disparate treatment claim. 2 The district court, 495 F.Supp. 1067 , granted judgment for the University, finding that Laborde had established a case of prima facie discrimination, but that the University’s decision not to promote her was based on her “inadequate” scholarship, and not her sex. This finding was not clearly erroneous. We affirm.

The Supreme Court recently restated the correct order and allocation of proof in Title VII disparate treatment cases:

Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-53 ,…

dissenting from an en banc vote.

This dissenting statement is filed by reason of the failure of the court to consider this case en banc.

The panel opinion presents the strongest case possible that Alice Laborde is the victim of invidious sex discrimination.

The opinion states in clear language that men with qualifications similar to hers have been promoted to full professor positions.

Yet the opinion concludes that she is not entitled to promotion because she failed to meet the University’s standards for scholarship and research.

The logical conclusion of that analysis is that men who do not meet the standards of scholarship and research will be promoted but women will not unless they meet the standards. Title VII prohibits that type of discrimination.

686 F.2d 715 28 Fair Empl.Prac.Cas. 1183 , 36 Fair Empl.Prac.Cas. 1773 , 28 Empl. Prac. Dec. P 32,682 , 30 Empl. Prac. Dec. P 33,053 , 6 Ed. Law Rep. 330 Alice Madeleine LABORDE, Plaintiff/Appellant, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA, Defendants/Appellees. No. 80-5718. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1982. Decided April 22, 1982. As Modified Sept. 3, 1982. John G. Sobieski, Los Angeles, Cal., argued, for plaintiff/appellant; Lada S. Marx, Los Angeles, Cal., on brief. Christine Helwick, Berkeley, Cal., argued, for defendants/appellees; John Lundberg, Berkeley, Cal., on brief. Appeal from the United States District Court for the Central District of California. Before CHOY, KENNEDY, and FARRIS, Circuit Judges. FARRIS, Circuit Judge: 1 Alice Laborde started teaching at the University of California at Irvine in 1965 as an assistant professor. In 1970 she was awarded tenure as an associate professor in the French and Italian Department. Laborde was considered for promotion to full professor several times after the 1973-74 academic year. Each time the University decided against promotion. 2 Laborde brought an action under Title VII…