the Blood Bank is lower than the portion of the other Directors' salaries that is attributable to their directorship responsibilities. Under these circumstances, the defendants are entitled to judgment as a matter of law on Molthan's Equal Pay Act claim (Count IV of the complaint).
The defendants also point out that by the terms of § 703(h) of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-2(h) (1970), salary disparities that do not violate the Equal Pay Act are not proscribed by Title VII. They argue that they are therefore entitled to summary judgment on Molthan's Title VII claim (Count I of the complaint) insofar as it deals with discrimination in salary. This contention must be carefully considered with respect to three distinct periods of time.
As originally enacted, Title VII was inapplicable to educational institutions. See 42 U.S.C. § 2000e-1 (1970), repealed in part by Equal Employment Opportunity Act of 1972, Pub. L. No. 92-261, § 3, 86 Stat. 103. Effective March 24, 1972, Title VII was amended to encompass educational institutions. Equal Employment Opportunity Act of 1972, Pub. L. No. 92-261, § 14, 86 Stat. 103; see 42 U.S.C. § 2000e-1 (Supp. V 1975). This amendment is nonretroactive,
so that any salary discrimination experienced by Molthan prior to that date cannot constitute a violation of Title VII. However, Title VII does authorize relief from present conditions that effectively perpetuate discrimination that occurred prior to March 24, 1972. E.g., Cussler v. University of Maryland, 430 F. Supp. 602, 605 (D. Md. 1977); Rackin v. University of Pennsylvania, 386 F. Supp. 992, 1006 (E.D. Pa. 1974). But cf. International Bhd. of Teamsters v. United States, 431 U.S. 324, 353-54, 52 L. Ed. 2d 396, 97 S. Ct. 1843 (1977) ("[An] otherwise neutral, legitimate seniority system does not become unlawful under Title VII simply because it may perpetuate pre-Act discrimination."). Thus, while summary judgment is appropriate as to any salary discrimination that predated March 24, 1972, such discrimination is not an occurrence that "has no present legal consequences," United Air Lines, Inc. v. Evans, 431 U.S. 553, 558, 52 L. Ed. 2d 571, 97 S. Ct. 1885 (1977), but rather an occurrence that at trial may or may not turn out to have present legal consequences.
I have already held that the defendants are entitled to summary judgment on Molthan's Equal Pay Act claim. In so doing, I gave the plaintiff the benefit of the longer (three-year) statute of limitations that governs willful violations of the Act, 29 U.S.C. § 255(a) (1970), and construed her claim to include the period beginning on May 15, 1972, three years before this complaint was filed. Section 703(h) of the 1964 Civil Rights Act provides in pertinent part:
"It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of [the Equal Pay Act]."