03-20577-CV0 Bryan

03-20577-CV0 Bryan - United States Court of Appeals Fifth...

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1 UNITED STATES COURT OF APPEALS FIFTH CIRCUIT ____________ No. 03-20577 ____________ JOHN H BRYAN Plaintiff-Appellant, versus Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas Before BARKSDALE, EMILIO M. GARZA, and STEWART, Circuit Judges. EMILIO M. GARZA, Circuit Judge: John Bryan brought this employment discrimination suit under 42 U.S.C. § 1981 and § 1988 alleging disparate treatment based on race in violation of the Civil Rights Act. Defendant McKinsey & Co. (“McKinsey”) moved for summary judgment. Without an opinion, the district court entered a final judgment in favor of McKinsey. Bryan appeals that ruling. Bryan failed to present evidence either establishing a prima facie case of discrimination or establishing that McKinsey’s legitimate explanation for terminating Bryan’s employment was a pretext for racial discrimination. Accordingly, we AFFIRM. I United States Court of Appeals Fifth Circuit F I L E D July 9, 2004 Charles R. Fulbruge III Clerk
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Bryan is a black male. He completed his undergraduate education at Stanford University and also graduated from that university’s business school. McKinsey hired Bryan in July 1996 to an entry level “associates” position. Bryan was promoted multiple times by McKinsey to positions involving higher levels of responsibility and pay. In 1999, Bryan was promoted to “engagement manager,” and in 2000 he was elected by the McKinsey partnership to “associate principal.” In 2001, McKinsey terminated Bryan’s employment. McKinsey is a elite world-wide management consulting firm. McKinsey has an “up or out” advancement system. Thus, an employee is either promoted or is terminated. Most employees are eventually terminated. The first two levels of promotion do not involve a vote of the partners. However, starting with promotion to the associate principal (“AP”) position further advancement requires election by the partnership. Promotions at this level are based on the firm’s “Five-Part Leadership Model.” Each AP is evaluated twice a year and is assigned a development group leader (“DGL”). The DGL is the person primarily responsible for assessing the progress of a particular AP and determining whether the AP is prepared to advance to a higher position in the firm. The DGL reports back to the partnership about the progress of the AP. However, the partnership makes the final decision regarding the employment status of the AP with the firm. In December 2000, five months after he was elected to AP, Bryan was given his first performance review. Although Bryan was based out of McKinsey’s now defunct Austin office, Bryan was supervised and evaluated by a partner in McKinsey’s Houston office. Joe Avila was assigned to be Bryan’s DGL and authored Bryan’s evaluation. Although undeniably positive, Bryan’s evaluation highlighted some trouble points, specifically regarding client development. Bryan testified in his deposition that he understood that this concern related to whether he would
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03-20577-CV0 Bryan - United States Court of Appeals Fifth...

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