Dunlap v. TVA, 6th Cir. Mar. 21, 2008
07-5381 Dunlap v. TVA
Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.1
BOYCE F. MARTIN, JR., Circuit Judge. David Dunlap brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that the TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black job applicants. The TVA now appeals, arguing that the district court erred in each of these analyses. We find that although the district court was correct in finding disparate treatment, the proof was insufficient for a finding of disparate impact. We therefore AFFIRM on the disparate treatment claim, REVERSE on the disparate impact claim, and AFFIRM the court’s award of damages and fees. … Dunlap v. TVA.
- The Honorable Louis F. Oberdorfer, Senior United States District Judge for the District of Columbia, sitting by designation. [↩]
