Polacco v. Curators of the University

37 F.3d 366
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 11, 1994
DocketNos. 93-3094, 94-1591
StatusPublished
Cited by1 cases

This text of 37 F.3d 366 (Polacco v. Curators of the University) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Polacco v. Curators of the University, 37 F.3d 366 (8th Cir. 1994).

Opinions

LOKEN, Circuit Judge.

The University of Missouri at Columbia appeals a judgment awarding assistant professor Mary Polaeco $100,000 in backpay and $60,000 in compensatory damages on her claim that the University discriminated on the basis of sex when it terminated her research funding. The University argues that it is entitled to judgment as a matter of law because Polacco failed to prove her case, and that the compensatory damage award is an impermissible retroactive application of § 102(a) of the Civil Rights Act of 1991, Pub.L. 102-166, 105 Stat. 1071. Polacco separately appeals the district court’s1 order awarding her $48,000 in attorney’s fees and costs. We reverse the award of compensatory damages on the basis of Landgraf v. USI Film Products, — U.S. -, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In all other respects, the district court is affirmed.

I.

Polacco is a biochemist specializing in plant photosynthesis. She received a Ph.D. degree from Duke University and completed a postdoctoral fellowship at Yale. In 1979, the University hired her husband as a tenure-track professor of biochemistry. In 1980, the University hired Polacco as a research assistant professor ■ in the Department of Biochemistry. This non-tenured position permitted her to remain with the University longer than the six-year tenure track and to devote her time almost exclusively to research. The University paid $10,000 of her annual salary; the balance came from the substantial grants Polacco obtained from outside sources, including a prestigious grant from the National Science Foundation.

In March 1990, Polaceo’s department Chairman, William Folk, advised that her $10,000 in University funding would be terminated for budgetary reasons. A faculty grievance provided no relief. Polacco then filed a sex discrimination complaint with the EEOC and, after receiving a right-to-sue letter, commenced this action against the University and four individual defendants. Her complaint alleged that the defendants violated Title VII, the Equal Pay Act, 42 U.S.C. § 1983, and Missouri state law by terminating her funding, denying her a tenure-track position, and paying her a salary below that of comparable males on the faculty.

At the jury trial, Polacco presented evidence that she was a well-qualified and capable research professor who was nonetheless placed in a non-regular faculty position which the University refused to convert to tenure track. Comparable male faculty members received fifty percent more pay until Polacco complained in 1989. The following academic year, while she was completing a funded research leave in Massachusetts, Folk advised Polaeco that the University would no longer pay any part of her salary. Although the University kept, her on the faculty with access to its research facilities, Polacco was unable to obtain additional outside grants. Thus, she was virtually unemployed for an extended period of time after the University stopped funding her salary.

In its defense, the University presented testimony that budget cuts forced the elimination of funded faculty positions and that Polacco lost her funding because she failed to obtain new outside grants, indicating a lack of productive research. However, the jury also heard evidence that these stated reasons were pretextual. For example, Folk admitted that, when Polacco’s funding was terminated, the Biochemistry Department offered $20,000 from the same budget to a prospective male professor but did not reallocate those funds to Polacco when this candidate [369]*369declined the offer. There was also evidence that Polacco’s grants exceeded the average generated by Department of Biochemistry faculty over a reasonable period, and that “dry spells” are normal in the highly competitive grant process.

The district court dismissed most of Polac-co’s claims by summary judgment or directed verdict but submitted to the jury her termination-of-funding and denial-of-tenure-track claims against Folk and the University. The jury found in Folk’s favor on all claims. It found in the University’s favor on the denial-of-tenure-track claim but in Polacco’s favor on the termination-of-funding claim. Following denial of its post-trial motions, the University appealed. Polacco subsequently requested an award of approximately $111,000 in attorney’s fees and costs. When the district court awarded only $48,335, Polacco appealed, and we consolidated the two appeals.

II.

A. The jury found in favor of Folk, the Department chairman who decided to terminate Polacco’s funding, and the district court dismissed Polacco’s claims against the other individual defendants. Reasoning that an institution may be liable only for the actions of its agents, the University argues that it is entitled to judgment as a matter of law because the verdict that it wrongfully discriminated is inconsistent with the verdict in favor of Folk.2 On the facts of this case, we disagree.

We have repeatedly held employers liable for employment discrimination even though their agents were absolved of personal liability—for example, when there was evidence of discrimination by agents who were not individual defendants, or when the discrimination was the product of an employer policy, custom, or practice. See Kientzy v. McDonnell Douglas Corp., 990 F.2d 1051, 1059-60 (8th Cir.1993); Parrish, 963 F.2d at 207; Jiles v. Ingram, 944 F.2d 409, 413-14 (8th Cir.1991).

Here, Polacco presented evidence that, as the wife of another faculty member, she was consistently treated as a second-class citizen in the University’s Department of Biochemistry. Viewed in this context, the jury reasonably could have concluded that the termination of her funding in 1990 was the product of her employer’s sexually discriminatory policy, custom, or practice, even though the individual defendants may not have intended to discriminate. To be sure, the evidence in this regard was conflicting and subject to varying inferences, but “giving [Polacco] the benefit of all reasonable inferences that can be drawn from the evidence and deciding factual disputes in favor of the verdict,” it was sufficient. Latham Seed Co. v. Nickerson Am. Plant Breeders, Inc., 978 F.2d 1493, 1497 (8th Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 3037, 125 L.Ed.2d 724 (1993). When the sum of the evidence is sufficient to support a finding of employment discrimination, as it was here, we are unwilling to second-guess the factfinder’s judgment that the employer, but not its individual agents, should be held liable under Title VII or, in the case of a public employer, § 1983.

B. The University next argues that it is entitled to judgment as a matter of law because Polacco failed to prove an element of her prima facie case as defined in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973)—that she was terminated from a position ultimately filled by a male. This contention borders on the frivolous. First, it is legally without merit after the University has defended its actions at trial:

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