third grade detectives after ninety (90) days service in that branch, the ruling did not apply to policewomen. Firearms training was a job requirement for graded detectives. Therefore policewomen were excluded from ever becoming graded detectives and the promotional opportunities which accompanies that classification. The ability to use a firearm may be a legitimate prerequisite for the position of a graded detective. But there was no legitimate reason from excluding policewomen from firearms training, which in turn, excluded them from any detectives position.
Finally, in 1975, when the positions of patrolmen and policewomen were abolished and all persons were hired as police officers, the plaintiffs were again excluded from the benefits of this change. The job classification of "policewomen" was maintained in the Manual of Procedural Orders. The job description of "policewomen" covers assignments to the Missing Persons Section of the Investigations Branch. Therefore, since 1975, although plaintiffs were considered police officers for personnel purposes, they continued to be confined to the job classification of "policewoman." Although other female police officers were now on the parity with men, these plaintiffs were still denied training and promotional opportunities to other sections. The maintenance of a job classification for "policewomen" in and of itself is strong evidence of discriminatory behavior.
Furthermore, prior to 1975, plaintiffs were receiving special police assignments and in-service training in most areas, except firearms. Up until 1975, although treated differently than the men in personnel matters, the policewomen did substantially the same type of work as patrolmen. When the police department began to hire women as police officers in 1975, plaintiffs no longer received any special police assignments or in-service training. The only reason given by defendant for their exclusion from training and confinement to the Missing Persons Section was that the women hired prior to 1975 were not Police Officers because they had been hired as policewomen and had not received all the training required. This cannot be a legitimate non-discriminatory reason for this action, since their hiring as policewomen and earlier exclusion from training was also a discriminatory act.
Plaintiffs in this action have met their burden of proving a prima facie case of discrimination. Their exclusion from certain training necessary for advancement and their confinement to jobs classified for Policewomen in the Missing Persons Section are continuing patterns of discrimination stemming from the initial dichotomy of treatment between patrolmen and policewomen existing at the time of plaintiffs' hiring. Defendant has failed to articulate any legitimate non-discriminatory reason for this discrepancy in treatment, and plaintiffs must prevail.
Included in plaintiffs' general prayer for injunctive relief is a request for an award of adjusted backpay with interest. Such awards are authorized by 42 U.S.C. § 2000e-5(g). It also is well-established that after liability has been found in a discrimination action, a presumption arises that the prevailing parties are entitled to back pay. Pettway v. American Cast Iron Pipe Co., 494 F.2d 211, 259 (5th Cir. 1974); Carter v. Shop Rite Foods, Inc., 470 F. Supp. 1150, 1155 (N.D.Tex.1979). However the court does not at this time have before it any information on which to adequately calculate such an award. Therefore, the parties are requested to prepare a stipulation as to such an award in accordance with the standards mandated in Albemarle Paper Co. v. Moody, 422 U.S. 405, 421, 95 S. Ct. 2362, 2373, 45 L. Ed. 2d 280 (1975). In the event that no agreement can be reached the parties will be required to submit their alternative methods of calculation for final determination by the court.
AND NOW, this 17th day of February, 1982, in accordance with the foregoing, IT IS ORDERED as follows:
1. That the female Police Officers hired prior to 1975 will be considered to be Police Officers for all purposes.
2. That each of these female Police Officers shall immediately be afforded the opportunity to participate in all in-service training which may hereafter be provided to Police Officers in the City of Pittsburgh, Department of Police.
3. That each of these female Police Officers shall immediately be promoted to the rank of 3d grade Detective based upon her service of more than 90 days in the Investigation Branch of the Department of Police.
4. That each of these female Police Officers shall immediately be afforded the opportunity to apply for transfer to another section or Branch within the Department of Police, and shall be considered for transfer to available openings on an equal basis with all other Police Officers as if she had completed the necessary in-service training, with the provision that the effective date of any such transfer may be delayed until the completion of the necessary in-service training.
5. That each of these female Police Officers shall immediately be afforded the opportunity to be considered for promotion beyond the rank of 3d grade Detective and shall be considered for such promotion on an equal basis with all other Police Officers as if she had completed the necessary in-service training, with provision that promotion beyond the rank of 3d grade Detective shall immediately be made available within the Missing Persons Section of the Investigations Branch on the same basis as such promotions are available to Police Officers assigned to other Sections of the Investigations Branch and no Female Police Officer shall be required to obtain a transfer to another Section or Branch of the Department of Police in order to be considered eligible for such promotion.
IT IS FURTHER ORDERED that the parties shall prepare a stipulation on the appropriate award of back pay to be filed on or before March 17, 1982. In the event that such a stipulation cannot be agreed to, plaintiffs shall file their proposed award on or before March 22, 1982. Defendants shall file any objections and its alternative proposed award on or before March 29, 1982.
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