these remedies is premised upon the assumption that plaintiff would have been granted tenure but for defendant's discriminatory acts. We are mindful that, even if plaintiff had been adequately counselled, she may not have been able to obtain a masters degree, nor, as a consequence, obtain tenure. However, it is due to defendant's discriminatory acts that we are forced to make such conjectures. We conclude that to deny plaintiff reinstatement and back pay would penalize plaintiff for defendant's actions and deprive plaintiff of a full and complete remedy for her discrimination.
In sum, we grant to plaintiff (1) reinstatement; (2) back pay, from the date of termination less amounts earned in the interim; (3) promotion to rank of Assistant Professor effective September, 1973; and (4) the opportunity to complete or substantially complete the requirements of a masters degree within two full school years of this Order and, if the masters degree is successfully achieved, an award of tenure effective September, 1975.
CONCLUSIONS OF LAW
1. This court has jurisdiction over the subject matter of this action pursuant to § 706 of the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e Et seq. (Supp. V), Amending Civil Rights Act of 1964.
2. Defendant Muhlenberg College is an "employer" within the meaning of that term as defined in 42 U.S.C. §§ 2000e and 2000e-1 (Supp. V).
3. This court has jurisdiction over the parties.
4. Plaintiff has proven by a preponderance of the evidence that defendant Muhlenberg College discriminated against plaintiff on the basis of sex by failing to promote plaintiff to the rank of Assistant Professor, in violation of Title VII of the Civil Rights Act of 1964 As amended.
5. Plaintiff presented a prima facie case of discrimination in defendant's failure to grant tenure to plaintiff. However, defendant has rebutted by a preponderance of the evidence plaintiff's prima facie case, of discrimination in the failure to grant tenure.
6. Defendant has articulated a legitimate, non-discriminatory, job-related reason for the failure to grant tenure to plaintiff plaintiff's lack of a masters degree. Plaintiff was unable to show that the use of the terminal degree criterion for tenure was pretextual.
7. Plaintiff has proven by a preponderance of the evidence that she was subjected to different terms and conditions of employment because of her sex, in that she received different counselling concerning the requirements for promotion than that received by males in her Department. Plaintiff has proven that this difference in treatment was the result of purposeful discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964, As amended.
8. Plaintiff has not shown by a preponderance that the application of the terminal degree requirement has a disparate impact upon women. The terminal degree requirement is closely related to the duties of a faculty member and serves a legitimate purpose in an educational institution.
NOW, October 19, 1978, in accordance with the accompanying Findings of Fact, Discussion and Conclusions of Law, following a non-jury trial, IT IS ORDERED that judgment is entered in favor of plaintiff Connie Rae Kunda and against defendant Muhlenberg College. IT IS FURTHER ORDERED that the following relief be granted:
1. That plaintiff forthwith be reinstated to her employment in the Physical Education Department of Muhlenberg College.
2. That plaintiff be granted a promotion to the rank of Assistant Professor, such promotion to be effective from September 1, 1973.
3. That plaintiff be granted back pay, including amounts representing fringe benefits, from September 1, 1975 through May 10, 1978, less amounts earned during that time period; counsel for plaintiff is hereby ORDERED to submit a proposed Order containing a computation of the amounts of back pay due.
4. That plaintiff be permitted the opportunity to complete the requirements for a masters degree within two full school years of the date of this Order (as defined in footnote 9 of the accompanying Findings of Fact, Discussion and Conclusions of Law) and, upon successful achievement of the masters degree, be awarded tenure effective September 1, 1975.
5. That the reinstatement of plaintiff's employment pursuant to this Order shall not constitute "reappointment" within the meaning of the Bylaws of Muhlenberg College such as would, De facto, confer continuous tenure, and that such reinstatement shall, with respect to plaintiff's obtaining tenure, be subject to the condition subsequent that plaintiff comply with the requirements of this Order and obtain the Master's Degree within the time provided herein.
This Court shall retain jurisdiction over this action for purposes of enforcement of this Order.