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E.E.O.C. v. BASS PRO OUTDOOR WORLD, L.L.C.

No. 15-20078.

826 F.3d 791 (2016)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee v. BASS PRO OUTDOOR WORLD, L.L.C.; Tracker Marine Retail, L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 17, 2016.

Attorney(s) appearing for the Case

James Mark Tucker , U.S. Equal Employment Opportunity Commission, Office of General Counsel/Appellate Services, Washington, DC, for Plaintiff-Appellee.

Michael Wayne Johnston , Attorney, Samuel M. Matchett, Esq. , Jona Jene McCormick , Rebecca Cole Moore , Atlanta, GA, James Patrick Sullivan , Austin, TX, King & Spalding, L.L.P., for Defendant-Appellant.

Rae T. Vann , General Counsel, Norris, Tysse, Lampley & Lakis, L.L.P., Washington, DC, for Amicus Curiae Equal Employment Advisory Council.

Eric S. Dreiband , Jones Day, Washington, DC, for Amicus Curiae Retail Litigation Center, Incorporated and Chamber of Commerce of the United States of America.

Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.

The Equal Employment Opportunity Commission sued Bass Pro under Sections 706 and 707 of Title VII of the Civil Rights Act for damages and equitable relief, claiming that it engaged in a practice of racially discriminatory hiring.1 Bass Pro moved for summary judgment, arguing that...

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