George Ann MUNTIN, Plaintiff-Appellant, v. STATE OF CALIFORNIA PARKS AND RECREATION DEPARTMENT, Et Al., Defendants-Appellees

George Ann Muntin, an experienced deckhand, brought this Title VII action against the California Parks and Recreation Department (Department), alleging that the Department denied her a position as a deckhand at Historic Ships Park in San Francisco on the basis of her sex. In Muntin v. California Parks & Recreation Department, 671 F.2d 360 (9th Cir.1982), we held that Muntin conclusively demonstrated sex-based discrimination in violation of Title VII. The evidence supporting our decision included the testimony of the person responsible for hiring, which indicated that he would not have seriously considered any woman to fill the position, and the departure from the Department’s eighteen-year practice of interviewing the three candidates who scored highest in the civil service qualifying examination. Although Muntin placed third among 60 applicants, the Department did not interview her for deckhand vacancies. We held that a remedy of backpay would be appropriate unless the Department could prove by clear and convincing evidence that Muntin would not have been hired even in the absence of the proven discrimination. Id. at 363. See League of United Latin American Citizens v. Salinas…