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LIAO v. TENNESSEE VALLEY AUTHORITY

No. 87-7379.

867 F.2d 1366 (1989)

Christina Fang-Hui LIAO, Plaintiff-Appellee, v. TENNESSEE VALLEY AUTHORITY, et al., Defendants, Charles H. Dean, Jr., in his official capacity as a member of the Board of Directors of the Tennessee Valley Authority; John B. Waters, in his official capacity as a member of the Board of Directors of the Tennessee Valley Authority, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 16, 1989.

Attorney(s) appearing for the Case

Justin M. Schwamm, Sr., Asst. General Counsel, Tennessee Valley Authority, Thomas F. Fine, Sr. Litigation Atty., John P. Kernodle, Knoxville, Tenn., for defendants-appellants.

Robert E. Williams, McGuiness & Williams, Washington, D.C., for amicus curiae Equal Employment Advisory Council.

W. Bradford Reynolds, Dept. of Justice, Roger Clegg, Jessica Dunsay Silver, Robert J. Delahunty, Washington, D.C., amicus U.S.A.

Ernest A. Blasingame, Jr., Florence, Ala., Robert L. Wiggins, Jr., Birmingham, Ala., for plaintiff-appellee.

Julius LeVonne Chambers, Charles Stephen Ralston, New York City, for amucis curiae N.A.A.C.P.

Before RONEY, Chief Judge, JOHNSON and SMITH, Circuit Judges.

RONEY, Chief Judge:

In this employment discrimination case, the district court held that an employer who violates a voluntarily adopted affirmative action plan automatically violates Title VII's prohibitions as well. We reverse.

The Tennessee Valley Authority hired plaintiff Christina Fang-Hui Liao, a woman of Chinese descent, in July 1977, as a research chemist in the Soil and Fertilizer Research Branch of TVA's National Fertilizer Development Center. At...

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