U.S. Court of Appeals for the Fifth Circuit, 1976

Breedlove v. Housing Authority

Breedlove v. Housing Authority
U.S. Court of Appeals for the Fifth Circuit · Decided March 4, 1976 · Coleman, Gee, Wisdom
527 F.2d 1389; 12 Fair Empl. Prac. Cas. (BNA) 1472 (Federal Reporter, Second Series)

Counsel

Fletcher Farrington, Savannah, Ga., for plaintiff-appellant., Julian H. Toporek, Savannah, Ga., Sid-1 ney B. Shepherd, Swainsboro, Ga., for defendants-appellees.

Breedlove v. Housing Authority

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Opinion of the Court

PER CURIAM:

The judgment of the district court is affirmed.

The district court found “as a matter of fact that Mrs. Breedlove being female did not determine and control the action taken by the Commission. . . . ” Upon consideration of this finding and the full record, we hold that sex was not a factor in the Commission’s employment decision. Any prima facie case of sexual discrimination was adequately rebutted. McDonnell-Douglas Corp. v. Green, 1973, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668.

Affirmed.

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