postal
service
bd
govs
aikens
argued
november
decided
april
respondent
black
employee
postal
service
filed
suit
title
vii
civil
rights
act
claiming
postal
service
discriminated
account
race
refusing
promote
bench
trial
district
entered
judgment
postal
service
appeals
ultimately
reversed
holding
district
erred
requiring
respondent
offer
direct
proof
discriminatory
intent
show
part
prima
facie
case
qualified
qualified
people
promoted
held
framing
issue
terms
whether
prima
facie
case
established
employee
showing
black
applied
promotion
possessed
minimum
qualifications
employer
selected
nonminority
applicant
parties
appeals
unnecessarily
evaded
ultimate
question
discrimination
vel
non
establishing
prima
facie
case
plaintiff
creates
rebuttable
presumption
employer
unlawfully
discriminated
rebut
presumption
defendant
must
clearly
set
forth
introduction
admissible
evidence
reasons
plaintiff
rejection
defendant
fails
persuade
district
dismiss
action
lack
prima
facie
case
responds
plaintiff
proof
offering
evidence
reason
plaintiff
rejection
done
presumption
drops
case
factfinder
must
decide
ultimate
factual
issue
whether
defendant
intentionally
discriminated
plaintiff
district
erroneously
thought
respondent
required
submit
direct
evidence
discriminatory
intent
erroneously
focused
question
prima
facie
case
rather
directly
question
discrimination
thus
clear
findings
fact
favor
postal
service
influenced
mistaken
view
law
accordingly
case
remanded
district
may
decide
basis
evidence
whether
postal
service
discriminated
respondent
pp
app
vacated
remanded
rehnquist
delivered
opinion
burger
brennan
white
blackmun
powell
stevens
joined
blackmun
filed
concurring
opinion
brennan
joined
post
marshall
concurred
judgment
deputy
solicitor
general
wallace
argued
cause
petitioner
brief
solicitor
general
lee
assistant
attorney
general
mcgrath
marleigh
dover
jack
greenberg
argued
cause
respondent
brief
harold
aikens
james
nabrit
iii
charles
stephen
ralston
clyde
murphy
gail
wright
barry
goldstein
briefs
amici
curiae
urging
reversal
filed
stephen
bokat
chamber
commerce
robert
williams
douglas
mcdowell
edward
potter
equal
employment
advisory
council
briefs
amici
curiae
urging
affirmance
filed
joan
bertin
mary
heen
richard
larson
isabelle
katz
pinzler
american
civil
liberties
union
et
al
james
daniels
paul
crotty
phyllis
segal
legal
defense
education
fund
et
al
albert
woll
robert
weinberg
michael
gottesman
laurence
gold
filed
brief
american
federation
labor
congress
industrial
organizations
amicus
curiae
justice
rehnquist
delivered
opinion
respondent
louis
aikens
filed
suit
title
vii
civil
rights
act
stat
amended
et
claiming
postal
service
discriminated
account
race
aikens
black
claimed
postal
service
discriminatorily
refused
promote
higher
positions
washington
post
office
employed
since
bench
trial
district
entered
judgment
favor
postal
service
appeals
reversed
app
vacated
appeals
judgment
remanded
reconsideration
light
texas
department
community
affairs
burdine
remand
appeals
reaffirmed
earlier
holding
district
erred
requiring
aikens
offer
direct
proof
discriminatory
intent
also
held
district
erred
requiring
aikens
show
part
prima
facie
case
qualified
qualified
people
promoted
app
per
curiam
granted
certiorari
postal
service
argues
employee
shown
black
applied
promotion
possessed
minimum
qualifications
employer
selected
nonminority
applicant
established
prima
facie
case
employment
discrimination
title
vii
aikens
argues
submitted
sufficient
evidence
postal
service
discriminated
warrant
finding
prima
facie
case
case
fully
tried
merits
surprising
find
parties
appeals
still
addressing
question
whether
aikens
made
prima
facie
case
think
framing
issue
terms
unnecessarily
evaded
ultimate
question
discrimination
vel
non
establishing
prima
facie
case
plaintiff
title
vii
action
creates
rebuttable
presumption
employer
unlawfully
discriminated
texas
department
community
affairs
burdine
supra
see
mcdonnell
douglas
green
rebut
presumption
defendant
must
clearly
set
forth
introduction
admissible
evidence
reasons
plaintiff
rejection
burdine
words
defendant
must
produc
evidence
plaintiff
rejected
someone
else
preferred
legitimate
nondiscriminatory
reason
defendant
fails
persuade
district
dismiss
action
lack
prima
facie
case
responds
plaintiff
proof
offering
evidence
reason
plaintiff
rejection
factfinder
must
decide
whether
rejection
discriminatory
within
meaning
title
vii
stage
presumption
drops
case
factual
inquiry
proceeds
new
level
specificity
aikens
presented
evidence
district
case
postal
service
witnesses
testified
promoted
turned
several
lateral
transfers
broadened
postal
service
experience
see
tr
app
pet
cert
district
position
decide
ultimate
factual
issue
case
factual
inquiry
title
vii
case
whether
defendant
intentionally
discriminated
plaintiff
burdine
supra
words
employer
treating
people
less
favorably
others
race
color
religion
sex
national
origin
furnco
construction
waters
quoting
teamsters
prima
facie
case
method
established
mcdonnell
douglas
never
intended
rigid
mechanized
ritualistic
rather
merely
sensible
orderly
way
evaluate
evidence
light
common
experience
bears
critical
question
discrimination
furnco
supra
defendant
done
everything
required
plaintiff
properly
made
prima
facie
case
whether
plaintiff
really
longer
relevant
district
evidence
needs
decide
whether
defendant
intentionally
discriminated
plaintiff
burdine
supra
state
record
close
evidence
district
case
proceeded
specific
question
directly
district
courts
decide
disputed
questions
fact
civil
litigation
stated
burdine
plaintiff
retains
burden
persuasion
may
succeed
either
directly
persuading
discriminatory
reason
likely
motivated
employer
indirectly
showing
employer
proffered
explanation
unworthy
credence
courts
recognized
question
facing
triers
fact
discrimination
cases
sensitive
difficult
prohibitions
discrimination
contained
civil
rights
act
reflect
important
national
policy
seldom
eyewitness
testimony
employer
mental
processes
none
means
trial
courts
reviewing
courts
treat
discrimination
differently
ultimate
questions
fact
make
inquiry
even
difficult
applying
legal
rules
devised
govern
basic
allocation
burdens
order
presentation
proof
burdine
deciding
ultimate
question
law
often
obliges
finders
fact
inquire
person
state
mind
lord
justice
bowen
said
treating
problem
action
misrepresentation
nearly
century
ago
state
man
mind
much
fact
state
digestion
true
difficult
prove
state
man
mind
particular
time
ascertained
much
fact
anything
else
edgington
fitzmaurice
ch
div
ordered
footnotes
aikens
showed
white
persons
consistently
promoted
detailed
black
persons
aikens
rated
outstanding
supervisor
whose
management
abilities
far
average
app
derogatory
negative
information
personnel
folder
supervisory
seniority
training
development
courses
one
white
persons
promoted
master
degree
completed
three
years
residence
towards
ph
aikens
substantially
education
white
employees
advanced
ahead
education
beyond
high
school
none
college
degree
introduced
testimony
person
responsible
promotion
decisions
issue
made
numerous
derogatory
comments
blacks
general
aikens
particular
district
find
basis
evidence
postal
service
discriminate
aikens
believe
reversible
error
lawsuit
plaintiff
may
prove
case
direct
circumstantial
evidence
trier
fact
consider
evidence
giving
whatever
weight
credence
deserves
thus
agree
appeals
district
required
aikens
submit
direct
evidence
discriminatory
intent
see
teamsters
mcdonnell
douglas
formula
require
direct
proof
discrimination
appears
one
point
trial
district
decided
aikens
made
prima
facie
case
aikens
concluded
case
chief
postal
service
moved
dismiss
ground
prima
facie
case
tr
district
denied
motion
see
app
pet
cert
course
plaintiff
must
adequate
opportunity
demonstrate
proffered
reason
true
reason
employment
decision
rather
pretext
burdine
suggestion
case
aikens
opportunity
justice
blackmun
justice
brennan
joins
concurring
join
opinion
write
stress
fact
however
read
opinion
today
reaffirms
framework
established
mcdonnell
douglas
green
title
vii
cases
framework
title
vii
plaintiff
made
prima
facie
case
articulated
legitimate
nondiscriminatory
reason
employment
decision
plaintiff
bears
burden
demonstrating
reason
pretextual
true
reason
employment
decision
texas
dept
community
affairs
burdine
opinion
today
implies
ante
burden
merges
ultimate
burden
persuading
plaintiff
victim
intentional
discrimination
ultimate
burden
may
met
one
two
ways
first
notes
plaintiff
may
persuade
employment
decision
likely
motivated
discriminatory
reason
ante
addition
however
burden
also
carried
plaintiff
shows
employer
proffered
explanation
unworthy
credence
burdine
citing
mcdonnell
douglas
correct
ultimate
determination
factual
liability
discrimination
cases
different
types
civil
suits
ante
mcdonnell
douglas
framework
requires
plaintiff
prevail
third
stage
title
vii
trial
demonstrates
legitimate
nondiscriminatory
reason
given
employer
fact
true
reason
employment
decision