Inda

ON BACK PAY AND SENIORITY

In Inda v. United Air Lines, Inc., 565 F.2d 554, 562 (9th Cir. 1977), cert. denied, 435 U.S. 1007 , 98 S.Ct. 1877 , 56 L.Ed.2d 388 (1978), the Ninth Circuit ruled “[t]he judgment in Moritz’s favor should be modified to award back pay to the November 14, 1968, violation and adjust seniority accordingly.” The basis for the Circuit Court’s ruling was its determination that: (1) Mor-itz’s entitlement to relief on account of her resignation on March 5, 1968 in compliance with United’s illegal no-marriage rule had become time barred by her failure to file a charge of employment discrimination with the Equal Employment Opportunity Commission (“EEOC”) within the statutory time period, and (2) United’s failure to reemploy Moritz on November 14, 1968 was an independent violation of Title VII for which Moritz did file a timely charge with the EEOC and on account of which she is entitled to appropriate relief.

This court originally awarded plaintiff Moritz back pay from the date of her resignation in March of 1968. The parties are in agreement that under the holding of the Court of Appeals the back pay award for 1968 must be reduced from $5,052.00 to $986.70. In…