Gray

MEMORANDUM **

Appellant James R. Gray sued Appellee Reynolds Electric & Engineering Co. (“REECO”) after he was terminated as part of a reduction in force (“RIF”) at a nuclear testing range. His complaint alleged that REECO violated Title VII of the Civil Rights Act of 1964 (“Title VII”) and Chapter 613 of the Nevada Revised Statutes (“NRS”) by denying him a promotion and selecting him for termination because he is African-American. After a bench trial, the district court found Gray had established a prima facie case of race discrimination on both his claims. However, the court held that REECO articulated legitimate, nondiscriminatory reasons for both disputed actions and Gray failed to establish that these reasons were pretextual. Gray appeals the district court’s holding with respect to his termination, arguing he possessed special skills that should have excluded him from the RIF. REE-CO’s alleged failure to take these skills into account, he contends, proves intentional discrimination.

Under the familiar burden shifting analysis in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), if an employer sets forth a legitimate, nondiscriminatory…