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

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IV. We are sensitive to the fact that Hux was one of the first females to seek advancement in a Fire Department populated predominately by men. We certainly agree that firefighting skills are not confined to a single gender. But this proposition does not mean that the decisions in this case were improperly motivated or driven by anything other than the needs of Newport News for an effective firefighting service. In enacting Title VII, Congress sought to eliminate unlawful discrimi- nation in the employment setting, but it did not endeavor to force employers to undergo the burdens of trial whenever a plaintiff prof- fered simply any response to an employer’s non-discriminatory justi- fications. The City has offered overwhelming evidence that the successful candidates presented stronger credentials for the position plaintiff sought. In making and defending its decision, the City was entitled to focus on the applicants’ qualifications taken as a whole — a judgment not rendered pretextual by the fact that one among many factors is allegedly in dispute. To preclude summary judgment here would diminish the place of qualifications in promotions decisions. The judgment of the district court is therefore AFFIRMED. both the City and the EEOC, which alleged discrimination in earlier rounds of Fire Captain hiring. We have explained in detail, however, that both the earlier and later decisions were based on legitimate consider- ations which reflected neither discrimination or retaliation in the employ- ment context. 12 HUX v. CITY OF NEWPORT NEWS
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