Opinion

Holmes v. Bevilacqua

  • 794 F.2d 142
  • 41 Fair Empl. Prac. Cas. (BNA) 43
Court
Court of Appeals for the Fourth Circuit
Filed
Jun 17, 1986
Status
Published
Author
Sprouse
On the bench
Chapman, Murnaghan, Sprouse, Winter
Cited by
94 cases

holding that even though the plaintiff scored higher than the selected candidate, it was not enough to show that the failure to promote was based on the plaintiff’s race

How later courts described this case

  • holding that even though the plaintiff scored higher than the selected candidate, it was not enough to show that the failure to promote was based on the plaintiff’s race
  • upholding dis missal on alternative grounds that plaintiff did not prove prima facie case and that record as a whole supported finding of no discrimination
  • explaining the McDonnell Douglas test in the context of claims of discriminatory denial of promotion
  • noting that municipal government experience can be valid reason for promoting nonmember of protected class over member

Written by the judges who cited it.

The opinion

SPROUSE, J.,

authorizes me to say that he concurs in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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