WHITTEN v. FRED'S, INC.

Attorney(s) appearing for the Case

ARGUED: Mary Christine McCormac, Clemson, South Carolina, for Appellant. Susan L.P. Starr, U.S. Equal Employment Opportunity Commission, Washington, DC, for Amicus Supporting Appellant. Shahin Vafai, Gignilliat, Savitz & Bettis, Columbia, South Carolina, for Appellee. ON BRIEF: James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, U.S. Equal Employment Opportunity Commission, Washington, DC, for Amicus Supporting Appellant. Stephen T. Savitz, Gignilliat, Savitz & Bettis, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge AGEE and Judge BLAKE joined.