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Hux v. Newport News — Fourth Circuit opinion, 05-1230

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vant job qualifications, we must disagree, for an employer can "properly take into account" factors such as "good interpersonal skills and . . . ability to lead a team." Amirmokri v. Balt. Gas & Elec. Co., 60 F.3d 1126, 1130 (4th Cir. 1995). It is not within our authority to dictate the factors that employers must weigh in making a promotion, and we see nothing in Title VII to indicate that Congress wished to require companies to disregard the successful personal interactions that make for a productive workplace. This is especially true where, as here, the employer is charged with protecting the public in serious emergencies and the plaintiff has experienced problems acting profes- sionally at work. And while Hux attempts vaguely to pin her various misadventures on her fellow employees’ unwillingness to cooperate with a female, this argument is, as the district court noted, based on Hux’s "own conclusory opinion and rumor alone." Second, Hux attempts to discern pretext in the City’s reliance on the fact that she had fewer years of fire service experience than suc- cessful male candidates. To this end, she focuses her attention on a single successful candidate, Adrian Hanline. Hux and Hanline both served for a period on "squad units," small teams comprised of fire- fighters and medics that were eventually phased out in 1995. Hux contends that her three years of squad service should count towards her total fire service experience, as Hanline’s approximately six years apparently did towards his. Hux, however, served on a squad unit at a time when its primary responsibilities pertained to EMS — in fact, as the district court explained, "90-95% of her work on the squad con- tinued to focus exclusively on providing emergency medical services, rather than fire suppression." Hanline, by comparison, began serving on a squad at an earlier point, when it was still heavily involved in firefighting. Hanline was also promoted during the February 2002 process, which Hux does not even challenge here. Hux further suggests that most of the calls a fire station receives are EMS-related, and that any reliance on fire suppression experience thus lacks credence. This argument must fail, for Hux essentially asks that we determine whether a Fire Department should be more con- cerned with firefighting or EMS. Beginning down this road — with courts acting as strategists that identify the core objectives an employer should pursue — would bring promotions decisions under the greenhorn supervision of the federal courts. 10 HUX v. CITY OF NEWPORT NEWS
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