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Evidence keyed to Mueller
Texas Department of Community Affairs v. Burdine
Facts
Plaintiff, a female employee of the Texas Department of Community Affairs (TDCA) Public Service Careers Division, Defendant, filed suit alleging gender discrimination. She was hired as an accounting clerk in 1972. After almost a year on the job, she applied for her supervisor’s position after he resigned. Plaintiff’s division was funded by the United States Department of Labor, which threatened to end funding because of inefficiencies. TDCA persuaded the Department to continue funding. The Department required a complete reorganization and the hiring of a permanent Project Director. A male from another division was hired for the Project Director over Plaintiff. She was also fired as part reducing staff. Plaintiff was rehired by TDCA for another division and received the same salary as she would have as Project Director. Plaintiff sued claiming the failure to promote and the termination were due to gender discrimination. The District Court found that the decisions were not base on gender discrimination. The Executive Director of TDCA testified that the individuals fired did not work well together and aimed to prove efficiency. Further, he testified that the decisions were based on consultations with advisors and on non-discriminatory evaluations of qualifications. The Fifth Circuit Court of Appeals reversed finding that Defendant had the burden of proving by a preponderance of the evidence that non-discriminatory reasons existed for the actions.
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