Thorne v. City of El Segundo

802 F.2d 1131, 3 I.E.R. Cas. (BNA) 657, 1986 U.S. App. LEXIS 32417, 41 Empl. Prac. Dec. (CCH) 36,566, 46 Fair Empl. Prac. Cas. (BNA) 1651
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 20, 1986
DocketNos. 84-6000, 84-6323
StatusPublished
Cited by121 cases

This text of 802 F.2d 1131 (Thorne v. City of El Segundo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thorne v. City of El Segundo, 802 F.2d 1131, 3 I.E.R. Cas. (BNA) 657, 1986 U.S. App. LEXIS 32417, 41 Empl. Prac. Dec. (CCH) 36,566, 46 Fair Empl. Prac. Cas. (BNA) 1651 (9th Cir. 1986).

Opinion

FLETCHER, Circuit Judge:

Thorne appeals, claiming the district court’s judgment awarding her $812.00 in backpay in her Title VII employment discrimination action against the City of El Segundo is inadequate. She also appeals the district court’s dismissal of her 42 U.S.C. § 1983 claim against the individual defendants on grounds of qualified good faith immunity. The City of El Segundo cross-appeals the award of attorneys’ fees to Thorne in the amount of $34,900. We vacate and remand the district court’s judgment on the backpay award for recomputation, remand the issue of front pay for further findings, and affirm the dismissal of the section 1983 claim. We vacate and remand the award of attorneys’ fees for reconsideration.

I

FACTS

In 1983, this court reversed the district court’s dismissal of Deborah Thome’s section 1983 claim against John Hampton, Police Chief Johnson, and Captain Devilbiss (the “individual defendants”). We also reversed the district court’s judgment denying Thorne’s Title VII claim against the City of El Segundo.

Thorne worked for the City of El Segundo Police Department as a clerk-typist until she resigned in November 1978. Thome’s claims arose out of the City’s discriminatory handling of her application in January 1978 for a position as an officer on the City’s police force, and its administration of polygraph testing as part of the application process. Notwithstanding her ranking as second-highest among applicants on the oral and written tests, and her satisfactory completion of physical agility tests, the department disqualified Thome from consideration.

In Thorne v. City of El Segundo, 726 F.2d 459 (9th Cir.1983), cert. denied, 469 U.S. 979, 105 S.Ct. 380, 83 L.Ed.2d 315 (1984), we concluded that the City’s proffered explanations for refusing to hire Thorne as a police officer were pretextual, and that its actions constituted illegal discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. We further held that by requiring Thorne to answer irrelevant, highly personal questions during the polygraph examination about her past sexual activities, the individual defendants violated Thorne’s constitutional privacy and associational interests. We remanded the case to the district court for the limited purpose of entering judgment for Thome on her Title VII claim, determining damages on that claim, and taking evidence on whether the defendants were entitled to qualified good faith immunity on the section 1983 cause of action. The case once again is before us to review the district court’s decisions on those issues and its award of attorneys’ fees.

II

DISCUSSION

A. Title VII Relief

The primary objectives of Title VII are to eliminate all vestiges of discrimination in the workplace, and to make persons whole who have suffered unlawful discrimination. Albemarle Paper Company v. Moody, 422 U.S. 405, 417, 95 S.Ct. 2362, 2371, 45 L.Ed.2d 280 (1975); Accord Franks v. Bowman Transportation Company, 424 U.S. 747, 763, 96 S.Ct. 1251, 1263, 47 L.Ed.2d 444 (1976).

Although the district court has wide discretion in fashioning appropriate Title VII remedies, that discretion must be exercised in light of the objectives of Title VII, Ford Motor Co. v. EEOC, 458 U.S. 219, 226, 102 S.Ct. 3057, 3062, 73 L.Ed.2d 721 (1982), and Congress’s clear intent that district courts fashion the most complete relief possible. Albemarle, 422 U.S. at 421, 95 S.Ct. at 2373. Thus, once a court finds unlawful discrimination, backpay should be denied only if denial “would not frustrate the central statutory purposes of eradicat[1134]*1134ing discrimination throughout the economy and making persons whole for injuries suffered through past discrimination.” Id.; Alaniz v. California Processors, Inc., 785 F.2d 1412, 1416 (9th Cir.1986).

In Thorne’s case, the district court awarded backpay for a limited period from July 1978, when, absent discrimination, Thorne would have assumed the duties of police trainee, through November 1978, when she voluntarily resigned from her clerk-typist position with the department. The award totalled $812.00, representing the pay differential between the clerk-typist and police officer trainee positions during the award period. The district court concluded that Thorne’s backpay award could not extend beyond the November 8, 1978 resignation date, because the court found that Thorne voluntarily resigned from her position. The court applied precedents that prohibit an employee, who has been denied discriminatorily an opportunity for promotion, from collecting backpay for periods beyond that employee’s voluntary resignation, unless the employee demonstrates that she was constructively discharged by the employer. See Satterwhite v. Smith, 744 F.2d 1380, 1381 n. 1 (9th Cir.1984); Heagney v. University of Washington, 642 F.2d 1157, 1166 (9th Cir.1981); Muller v. United, States Steel Corp., 509 F.2d 923, 930 (10th Cir.), cert. denied, 423 U.S. 825, 96 S.Ct. 39, 46 L.Ed.2d 41 (1975). The court was wrong in doing so.

The discriminatory refusal to offer Thorne a position as a member of the police force constituted a refusal to hire, and therefore the doctrine of constructive discharge is inapplicable.1 Thus, to the extent that the district court concluded that Thorne was rejected for a promotion2 this finding was clearly erroneous. See Alaniz, 785 F.2d at 1416. (Findings of fact are reviewed under the clearly erroneous standard.) The facts are simply otherwise.

Thorne was preparing to enter an entirely different career, in competition with other applicants outside the police department who also wished to become police officers. See Thorne, 726 F.2d at 462. The mere fortuity that Thorne had a preexisting employment relationship with the employer who was then hiring police officers does not bring her case within the scope of promotion or demotion cases that apply the doctrine of constructive discharge.

There is a valid policy reason for limiting backpay awards in promotion cases. The purposes of Title VII are best served when parties, where possible, attack discrimination within the context of their existing employment relationships. See Nolan v. Cleland, 686 F.2d 806, 813 (9th Cir.1982); Heagney, 642 F.2d at 1166; Derr v. Gulf Oil Corporation, 796 F.2d 340, 342 (10th Cir.1986); Clark v. Marsh, 665 F.2d 1168, 1173 (D.C.Cir.1981); Bourque v. Powell Electrical Manufacturing Co., 617 F.2d 61, 65-66 (5th Cir.1980).

An employee, faced with an obstacle in the logical progression and development of a career should not quit at the first sign of institutional discrimination.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ballou v. City of Vancouver
Ninth Circuit, 2025
Dominguez v. City Of San Jose
N.D. California, 2023
Soler v. San Diego, County of
S.D. California, 2021
Lori Bell v. Vf Jeanswear Lp
Ninth Circuit, 2020
Rahinah Ibrahim v. US Dept. of Homeland Security
912 F.3d 1147 (Ninth Circuit, 2019)
Meyer v. State
426 P.3d 89 (Court of Appeals of Oregon, 2018)
Bell Helicopter Textron, Inc. v. Brian Burnett
552 S.W.3d 901 (Court of Appeals of Texas, 2018)
Arthur Clemens, Jr. v. Qwest Corp.
874 F.3d 1113 (Ninth Circuit, 2017)
Ibrahim v. U.S. Department of Homeland Security
835 F.3d 1048 (Ninth Circuit, 2016)
Barnes v. AT & T Pension Benefit Plan-Nonbargained Program
963 F. Supp. 2d 950 (N.D. California, 2013)
Clark v. Capital Credit & Collection Services, Inc.
561 F. Supp. 2d 1213 (D. Oregon, 2008)
Seegmiller v. LaVerkin City
528 F.3d 762 (Tenth Circuit, 2008)
Tse v. UBS Financial Services, Inc.
568 F. Supp. 2d 274 (S.D. New York, 2008)
Hare v. Potter
549 F. Supp. 2d 688 (E.D. Pennsylvania, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
802 F.2d 1131, 3 I.E.R. Cas. (BNA) 657, 1986 U.S. App. LEXIS 32417, 41 Empl. Prac. Dec. (CCH) 36,566, 46 Fair Empl. Prac. Cas. (BNA) 1651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorne-v-city-of-el-segundo-ca9-1986.