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

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Third, Hux argues that the City’s reliance on her leave time usage is pretextual because a successful candidate in the December 2002 process, John Grimsley, had also taken a similarly large amount of leave due to a major accident. This argument suffers from the same infirmity as those addressed above, because Grimsley was more quali- fied than Hux in almost every respect. As of December 2002, Hux had seven years of fire service experience, approximately three as a Fire Lieutenant. Grimsley, by contrast, had twenty-six years of fire- fighting experience, thirteen as a Fire Lieutenant. Grimsley also had far superior employment evaluations, and Fire Chief Jones deter- mined that he gave the best interview performance of any candidate. Grimsley’s leave time, like the other objections Hux raises, fails to undermine the City’s contention that Hux was less qualified overall for a Fire Captain position. Finally, Hux contests the City’s citation of her emotional perfor- mance in her December 2002 interview, which the City suggests cal- led into question Hux’s level-headedness in emergency situations. Hux explains that her emotions may have gotten out of check in her December 2002 interview because she had heard rumors that she might be appointed to an office captaincy rather than a field position. She further notes that she had worked in tense situations before, occa- sionally as an Acting Captain. Both of these assertions do not, how- ever, take away from the fact that as Hux acknowledges, she became visibly upset during her interview, and "it is the perception of the decision maker which is relevant." DeJarnette, 133 F.3d at 299 (inter- nal quotation marks and alterations omitted). Interviews are an impor- tant tool that employers use to make all sorts of hiring decisions, and we may not lightly overturn the reasonable conclusions an employer reaches after actually meeting with a candidate face-to-face.2 2Hux raises various other allegations of pretext, which we have reviewed and find to be without merit. She also contends that she can prove discrimination under the mixed-motive approach. See 42 U.S.C. § 2000e-2(m); Diamond, 416 F.3d at 317. Hux did not properly raise this theory below and the district court expressly refused to consider it. But even if Hux had diligently pursued this argument, we conclude for the reasons given above that it would not assist her here. Finally, Hux alternatively contends that the Department denied her a promotion in later rounds of the process in retaliation for her filings with 11HUX v. CITY OF NEWPORT NEWS
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