This section contains the nature of the case and procedural background.

Hicks (P) was employed as a correctional officer and was promoted a shift commander within two years. P was black. P had a satisfactory employment record until a new chief of custody came on board, and suddenly P was in all types of trouble and was demoted. P was discharged in June 1984 for threatening his supervisor during a heated exchange of words. P sued D under Title VII and §1983 for demoting him and firing him because of his race. The district court rejected D's explanation for its actions and that the chief of custody manufactured the verbal confrontation in order to provoke P. The court then ruled that P failed to meet his burden of proof. The Court of Appeals set the verdict aside. The Supreme Court granted review to determine the evidentiary effect of rejecting D's explanation.

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