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DUNLAP v. TENNESSEE VALLEY AUTHORITY

No. 07-5381.

519 F.3d 626 (2008)

David DUNLAP, Plaintiff-Appellee, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2008.

Attorney(s) appearing for the Case

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.

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

OPINION

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...

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