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MESSER v. MENO

No. 96-50605.

130 F.3d 130 (1997)

Karen Hanson MESSER, Plaintiff-Appellant, v. Lionel R. MENO, in his former official capacity as the Texas Commissioner of Education; Mike Moses in his official capacity as the Texas Commissioner of Education; and the Texas Education Agency, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 11, 1997.

Attorney(s) appearing for the Case

Joseph P. Webber, Austin, TX, for Plaintiff-Appellant.

James C. Todd, Assistant Attorney General, Austin, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, HIGGINBOTHAM and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case presents the question whether a white woman plaintiff was unconstitutionally discriminated against in salary and promotion opportunities in the Texas Education Agency, because throughout the relevant period the agency aspired to "balance" its workforce according to the gender and racial balance of the state. The Agency defends its affirmative action plans and denies that their implementation had anything to do with the plaintiff...

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