anderson bessemer city argued december decided march respondent city set hire new recreation director manage city recreational facilities develop recreational programs committee consisting four men one woman responsible choosing director eight persons applied position including petitioner woman applicant time petitioner schoolteacher college degrees social studies education committee offered position male applicant recently graduated college degree physical education four men committee voted offer job woman voted petitioner petitioner filed discrimination charges equal employment opportunity commission eeoc upon finding reasonable cause believe petitioner charges true invited parties engage conciliation proceedings efforts proved unsuccessful eeoc issued petitioner letter filed action federal district title vii civil rights act trial testimony petitioner applicant hired members selection committee heard issued memorandum announcing finding petitioner entitled judgment denied position account sex memorandum requested petitioner submit proposed findings fact conclusions law expanding upon set forth memorandum petitioner complied request requested received response setting forth respondent objections proposed findings issued findings fact conclusions law finding petitioner denied employment sex based findings fact qualified candidate asked questions interview regarding spouse feelings application position applicants asked male committee members biased hiring woman appeals reversed holding district findings clearly erroneous therefore erred finding petitioner discriminated account sex held appeals misapprehended misapplied standard accordingly erred denying petitioner relief title vii pp district simply adopt petitioner proposed findings provided respondent opportunity respond findings findings ultimately issued varied considerably proposed petitioner reason doubt ultimate findings represented considered conclusions subject findings stringent appellate review called applicable rules pp federal rule civil procedure provides indings fact shall set aside unless clearly erroneous due regard shall given opportunity trial judge credibility witness finding clearly erroneous although evidence support reviewing entire evidence left definite firm conviction mistake committed gypsum district account evidence plausible light record viewed entirety appeals may reverse even though convinced sitting trier fact weighed evidence differently even district findings rest credibility determinations based physical documentary evidence inferences facts findings based determinations regarding credibility witnesses rule demands even greater deference trial finding pp application principles facts case discloses appeals erred employment standard district finding petitioner better qualified entitled deference notwithstanding based credibility determinations record contains nothing mandates holding finding clearly erroneous district finding petitioner applicant asked questions regarding spouse feelings application position appeals erred failing give due regard district ability interpret discern credibility oral testimony especially woman member selection committee whose testimony district felt supported finding given finding clearly erroneous district finding bias termed erroneous supported treatment petitioner interview also testimony one committee member believed difficult woman perform job evidence another member solicited applications men findings district based finding sex discrimination clearly erroneous finding discrimination also clearly erroneous pp white delivered opinion burger brennan marshall powell rehnquist stevens joined powell filed concurring opinion post blackmun filed opinion concurring judgment post jonathan wallas argued cause petitioner briefs john nockelby levonne chambers peter sherwood eric schnapper carolyn corwin argued cause et al amici curiae urging reversal brief solicitor general lee deputy solicitor general wallace johnny butler philip sklover philip van hoy argued cause respondent brief eugene gressman arthur blue iii joan bertin richard larson burt neuborne isabelle katz pinzler filed brief american civil liberties union et al amici curiae urging reversal justice white delivered opinion swint held district finding discriminatory intent action brought title vii civil rights act stat amended et factual finding may overturned appeal clearly erroneous case appeals fourth circuit concluded clear error district finding discrimination reversed reading record convinces us appeals misapprehended misapplied standard reverse early officials respondent bessemer city north carolina set hire new recreation director city although duties went position precisely delineated new recreation director responsible managing city recreational facilities developing recreational programs athletic otherwise serve needs city residents committee selected mayor responsible choosing recreation director five members four men one woman committee auddie boone served chairperson eight persons applied position recreation director petitioner time schoolteacher college degrees social studies education woman among eight selection committee reviewed resumes submitted applicants briefly interviewed jobseekers following interviews committee offered position donald kincaid recently graduated college degree physical education four men committee voted offer job kincaid boone voted petitioner believing committee passed favor less qualified candidate solely woman petitioner filed discrimination charges charlotte district office equal employment opportunity commission july five years petitioner filed charges eeoc district director found reasonable cause believe petitioner charges true invited parties attempt resolution petitioner grievance conciliation proceedings eeoc efforts proved unsuccessful due course petitioner received letter petitioner filed title vii action district western district north carolina trial heard testimony petitioner kincaid five members selection committee issued brief memorandum decision setting forth finding petitioner entitled judgment denied position recreation director account sex addition laying rationale finding memorandum requested petitioner counsel submit proposed findings fact conclusions law expanding upon set forth memorandum petitioner counsel complied request submitting lengthy set proposed findings app requested received response setting forth detail respondent objections proposed findings objections turn answered petitioner counsel somewhat less lengthy reply receiving submissions issued findings fact conclusions law supp set forth formal findings fact conclusions law finding petitioner denied employment respondent sex rested number subsidiary findings first found time selection committee made choice petitioner better qualified kincaid perform range duties demanded position based finding petitioner experience classroom teacher responsible supervising schoolchildren recreational athletic activities employment hospital recreation director late extensive involvement variety civic organizations knowledge sports acquired high school athlete mother children involved organized athletics skills public speaker experience handling money gained course community activities work group physicians knowledge music dance crafts found kincaid principal qualifications experience student teacher coach local youth basketball league extensive knowledge team individual sports acquired result lifelong involvement athletics formal training physical education major college noting position recreation director involved management athletic programs concluded petitioner greater breadth experience made better qualified position second found male committee members fact biased petitioner woman based finding part testimony one committee members believed real hard woman handle job want wife perform duties recreation director finding bias found additional support evidence another male committee member told kincaid successful applicant vacancy also solicited applications three men attempted recruit women job also critical inference bias finding petitioner alone among applicants job asked whether realized job involve night work travel whether husband approved applying job finding committee pursued line inquiry petitioner based testimony petitioner questions asked testimony boone similar questions asked applicants although boone also testified kincaid interview made comment regarding reaction new bride taking position recreation director concluded comment serious inquiry merely facetious remark prompted boone annoyance petitioner questioned spouse reaction also declined credit testimony one male committee members kincaid asked wife feelings way testimony another committeeman applicants questioned regarding willingness work night families reaction night work concluded finding petitioner seriously questioned family reaction suggested male committee members believed women special family responsibilities made certain forms employment inappropriate finally found reasons offered male committee members choice kincaid pretextual rejected proposition kincaid degree physical education justified choice evidence suggested male candidates concerned committee valued experience highly formal training physical education also rejected claim one committeemen kincaid hired superiority recreational programs planned implement selected job credited testimony one committeemen voted kincaid programs outlined petitioner kincaid substantially identical basis findings petitioner qualified candidate committee biased hiring woman committee explanations choice kincaid pretextual concluded petitioner met burden establishing denied position recreation director sex petitioner conceded ordering city hire inappropriate remedy circumstances awarded petitioner backpay amount attorney fees fourth circuit reversed district finding discrimination view appeals three district crucial findings clearly erroneous finding petitioner qualified candidate finding petitioner asked questions applicants spared finding male committee members biased hiring woman rejected findings appeals concluded district erred finding petitioner discriminated account sex ii must deal outset fourth circuit suggestion close scrutiny record case justified manner opinion prepared district adoption petitioner proposed findings fact conclusions law recalled fourth circuit many occasions condemned practice announcing decision leaving prevailing party write findings fact conclusions law see cuthbertson biggers eeoc federal reserve bank richmond chicopee mfg kendall rejected petitioner contention procedure followed trial judge case proper judge given respondent opportunity object proposed findings adopted petitioner findings verbatim according vice procedure lay trial solicitation findings already announced decision adoption substance petitioner proposed findings criticized courts verbatim adoption findings fact prepared prevailing parties particularly findings taken form conclusory statements unsupported citation record see el paso natural gas marine bancorporation also aware potential overreaching exaggeration part attorneys preparing findings fact already informed judge decided favor see wright nonjury trial preparing findings fact conclusions law opinions seminars newly appointed district judges nonetheless previous discussions subject suggest even trial judge adopts proposed findings verbatim findings may reversed clearly erroneous marine bancorporation supra el paso natural gas supra event district case appear uncritically accepted findings prepared without judicial guidance prevailing party provided framework proposed findings issued preliminary memorandum set forth essential findings directed petitioner counsel submit detailed set findings consistent respondent provided availed opportunity respond length proposed findings district simply adopt petitioner proposed findings findings ultimately issued particularly crucial findings regarding petitioner qualifications questioning petitioner subjected bias part committeemen vary considerably organization content submitted petitioner counsel circumstances see reason doubt findings issued district represent judge considered conclusions reason subject findings stringent appellate review called applicable rules iii finding intentional discrimination finding fact standard governing appellate review district finding discrimination set forth federal rule civil procedure findings fact shall set aside unless clearly erroneous due regard shall given opportunity trial judge credibility witnesses question us whether appeals erred holding district finding discrimination clearly erroneous although meaning phrase clearly erroneous immediately apparent certain general principles governing exercise appellate power overturn findings district may derived cases foremost principles fourth circuit recognized finding clearly erroneous although evidence support reviewing entire evidence left definite firm conviction mistake committed gypsum standard plainly entitle reviewing reverse finding trier fact simply convinced decided case differently reviewing oversteps bounds duty rule undertakes duplicate role lower applying clearly erroneous standard findings district sitting without jury appellate courts must constantly mind function decide factual issues de novo zenith radio hazeltine research district account evidence plausible light record viewed entirety appeals may reverse even though convinced sitting trier fact weighed evidence differently two permissible views evidence factfinder choice clearly erroneous yellow cab see also inwood laboratories ives laboratories even district findings rest credibility determinations based instead physical documentary evidence inferences facts sure various courts appeals occasion asserted theory appellate may exercise de novo review findings based credibility determinations see orvis higgins lydle swanson baker industries theory impressive genealogy first articulated opinion written judge frank subscribed judge augustus hand see orvis higgins supra impossible trace theory lineage back text rule straightforwardly findings fact shall set aside unless clearly erroneous rule goes emphasize special deference paid credibility determinations alter clear command rule make exceptions purport exclude certain categories factual findings obligation appeals accept district findings unless clearly erroneous swint rationale deference original finder fact limited superiority trial judge position make determinations credibility trial judge major role determination fact experience fulfilling role comes expertise duplication trial judge efforts appeals likely contribute negligibly accuracy fact determination huge cost diversion judicial resources addition parties case appeal already forced concentrate energies resources persuading trial judge account facts correct one requiring persuade three judges appellate level requiring much stated different context trial merits main event rather tryout road wainwright sykes reasons review factual findings standard deference trier fact rule exception findings based determinations regarding credibility witnesses rule demands even greater deference trial findings trial judge aware variations demeanor tone voice bear heavily listener understanding belief said see wainwright witt suggest trial judge may insulate findings review denominating credibility determinations factors demeanor inflection go decision whether believe witness documents objective evidence may contradict witness story story may internally inconsistent implausible face reasonable factfinder credit factors present appeals may well find clear error even finding purportedly based credibility determination see gypsum supra trial judge finding based decision credit testimony one two witnesses told coherent facially plausible story contradicted extrinsic evidence finding internally inconsistent virtually never clear error cf aluminum america orvis higgins supra iv application foregoing principles facts case lays bare errors committed fourth circuit employment standard detecting clear error district finding petitioner better qualified kincaid fourth circuit improperly conducted amounted de novo weighing evidence record district finding based essentially undisputed evidence regarding respective backgrounds petitioner kincaid duties went position recreation director district considering evidence concluded position recreation director bessemer city carried broad responsibilities creating managing recreation program involving athletics also activities citizens ages interests determined petitioner varied educational employment background extensive involvement variety civic activities left better qualified implement rounded program kincaid whose background narrowly focused athletics fourth circuit reading record concluded basic duty recreation director implement athletic program essential qualification successful applicant either education experience specifically related athletics accordingly seemed evident appeals kincaid fact better qualified petitioner based reading record say either interpretation facts illogical implausible support inferences may drawn facts record either interpretation drawn district record us inclined find clearly erroneous question must answer however whether fourth circuit interpretation facts clearly erroneous whether district finding clearly erroneous see mcallister district determined petitioner better qualified stated finding entitled deference notwithstanding based credibility determinations record examined light appropriately deferential standard apparent contains nothing mandates finding district conclusion clearly erroneous somewhat different concerns raised fourth circuit treatment district finding petitioner alone among applicants position recreation director asked questions regarding spouse feelings application position error appeals failure give due regard ability district interpret discern credibility oral testimony appeals rested rejection district finding differential treatment interpretation testimony boone witness whose testimony view district supported finding eyes fourth circuit boone testimony made comment kincaid feelings wife comment judged facetious district conclusively established kincaid perhaps male applicants well questioned feelings spouse boone testimony point set forth margin certainly free ambiguity boone several times stated candidates questioned reaction wives least context petitioner even recalling calling attention made comment subject kincaid boone denied asked kincaid wife reaction boone testimony matters inconsistent theory remark serious inquiry whether kincaid wife approved applying position whether judge interpretation actually correct impossible tell paper record easy imagine tone voice witness related comment coupled immediate denial questioned kincaid subject might conclusively established remark facetious one therefore agree judge conclusion remark facetious clearly erroneous trial characterization boone remark accepted apparent finding male candidates seriously questioned feelings wives deemed clearly erroneous trial judge faced testimony three witnesses one boone stated none candidates questioned one male committee member testified kincaid asked question way one another committeeman testified candidates subjected similar questioning none accounts implausible face none contradicted reliable extrinsic evidence circumstances trial decision credit boone clearly erroneous fourth circuit refusal accept district finding committee members biased hiring woman based large extent rejection finding petitioner subjected questioning applicants spared given finding clearly erroneous finding bias termed erroneous finds support treatment petitioner interview also testimony one committee member believed difficult woman perform job evidence another member solicited applications position men determination findings district regarding petitioner qualifications conduct interview bias male committee members clearly erroneous leads us conclude finding petitioner discriminated account sex also clearly erroneous district findings regarding petitioner superior qualifications bias selection committee sufficient support inference petitioner denied position recreation director account sex accordingly hold fourth circuit erred denying petitioner relief title vii holding assert knowledge happened years ago bessemer city superior appeals claim greater insight appeals state mind men selection committee rejected petitioner position recreation director even trial judge heard witnesses directly closely touch appeals milieu controversy arises always confident knows happened often determine whether plaintiff succeeded presenting account facts likely true task task appellate tribunals generally limited still must determine whether trial judge conclusions clearly erroneous record us say accordingly judgment appeals reversed footnotes fourth circuit thus saw inconsistency statement male committee members preferred bert broadway experience claim selected kincaid petitioner formal training see supra view appeals demonstrated broadway relevant experience kincaid relevant education petitioner neither committee members ask kind question applicants recall deny applicants aside plaintiff asked prospect working night position knowledge saying asked asked context asked phyllis know whether worried jim going get supper know goes ways tell phyllis anderson donnie kincaid asked night work asked night work answers one question let answer one tell phyllis anderson donnie kincaid asked night work yes interviews think next day sometime know may answer something question asked otherwise judge say asked question asked think donnie married think made comment personally new bride wo mind asked wife reaction said gibson objection honor sustained rephrase answer fourth circuit suggestion inference bias dispelled fact male committee members married woman worked point marriage insufficient establish finding bias clearly erroneous although decline hold man attitude toward wife employment irrelevant question whether may found bias working women relevance factor may particular case matter district weigh consideration bias appeals justice powell concurring dissent judgment appeals misapplied rule case write separately however concerned one may read opinion implying criticism appeals fact engaged comprehensive review entire record case reading may encourage overburdened courts appeals simply apply rule conclusory fashion rather undertake type burdensome review may appropriate cases case appeals made arbitrary judgment action district clearly erroneous contrary meticulously reviewed entire record reached conclusion district error one easily agree appeals district committed mistake finding sex discrimination based fragmentary statements made years informal exchanges members selection committee applicants position filled record us however factual issue fairly decided either party therefore holds district decision clearly erroneous within meaning rule charlotte branch eeoc petitioner filed complaint took action five years testimony trial therefore based stale recollections justice blackmun concurring judgment like join opinion think judgment correct agree says however join broad dictum ante effect result reached district findings based wholly documentary evidence rest credibility determinations past joined least one opinion generally opposite effect see mississippi valley barge line see also ralston purina general foods good potato chip swanson baker industries may correct dictum today certainly case require us decide question record contains far documentary evidence opinion adequately discloses case requires resolution question might eventually persuaded approach wise prefer however wait case issue must resolved briefed argued parties rather address issue edict without customary safeguards therefore join judgment opinion