patrick.net

"A panel of procurement managers and Vice President of Procurement Debbie Dennis met with top candidates and scored each one numerically. Dennis considered this input, but the final decision remained with her, the opinion states. Of all the applicants interviewed, Reilly scored the highest, with an average of 39.875. Dennis gave him a 38.

Anaya Clunis, an external candidate and a black female, received a 36 after her interview with the panel.

Nevertheless, she was eventually given the position of strategic sourcing manager and Reilly was promoted to strategic sourcing representative senior. He worked in the position from 2002 to 2004, at which point he filed his lawsuit in the U.S. District Court for the Northern District of Texas.

The court granted TXU summary judgment; however, the 5th Circuit ruling reverses that and remands the case, Reilly vs. TXU, back for further proceedings.

In his suit, Reilly claims that, following the hiring decision, he met with his former boss and member of the panel, who told him that "though the interview had gone well, he thought Dennis 'had a diversity issue,' " according to the opinion "

http://www.hreonline.com/HRE/view/story.jhtml?id=92741475