Brown v. Tennessee

NATHANIEL R. JONES, Circuit Judge.

The State of Tennessee appeals the judgment for plaintiff in this Title VII sex discrimination case alleging discriminatory failure to promote Herbert Brown to the level of his female co-workers. Though affirming the primary findings of fact by the district court, we reverse because as a matter of law the district court findings establish an unrebutted legitimate nondiscriminatory reason for the dissimilar treatment of Mr. Brown.

I

Herbert Brown is presently and at all relevant times was employed by the State of Tennessee Department of Human Services. He was…