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Civil Procedure Keyed to Subrin
Texas Dept. of Community Affairs v. Burdine
Facts
Respondent worked in the Public Service Careers Division for Petitioner. Her supervisor resigned and she assumed some of the supervisor’s duties because the position was unfilled for six months. She applied for the position, and not only did she not receive the promotion, she was fired. Respondent was eventually rehired by Petitioner for a different position that paid as well as the supervisory position she initially sought, and she has since received additional promotions. Respondent brought this suit against Petitioner when the person chosen for the supervisor position was a man, and the only people left in the division after the firings were men. The bench trial in the District Court found for Petitioner and found no evidence for discrimination regarding her promotion or firing. The Appellate Court reversed the portion of the decision regarding her firing, and they held that it was Defendant’s burden to prove by the preponderance of the evidence that their firing prac tices were not discriminatory.
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