Read Dunlap v. Tennessee Valley Auth., 07-5381

In a Title VII suit alleging racial discrimination by the Tennessee Valley Authority, a judgment and award in favor of plaintiff finding that TVA's subjective hiring processes permitted racial bias against both plaintiff and other black job applicants is affirmed in part and reversed in part where: 1) the proof at trial was insufficient for a finding of disparate impact; but 2) the district court committed no error in finding disparate treatment discrimination.

Appellate Information

• Decided 03/21/2008
• Published 03/21/2008

Judges

• Before:  MARTIN and SUTTON, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edwin W. Small, Tennessee Valley Authority, Knoxville, Tennessee, for Appellant.  Debra A. Wall, Clarksville, Tennessee, for Appellee.   ON BRIEF:  Edwin W. Small, John E. Slater, Tennessee Valley Authority, Knoxville, Tennessee, for Appellant.  Debra A. Wall, Clarksville, Tennessee, for Appellee.