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

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OPINION WILKINSON, Circuit Judge: Plaintiff Jonnie Sue Hux contends that her employer, the City of Newport News, Virginia, failed to promote her to Fire Captain because of her gender, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (2000). In its defense, the City proffers evidence that it promoted male candidates over Hux because they were better qualified. Plaintiff’s attempt to find pretext in this neutral explanation consists of comparing herself to individual male applicants on the basis of isolated promotional criteria, without acknowledging that those applicants’ qualifications were superior to hers overall. Her suggestion that summary judgment is precluded by pinprick objections to an employer’s non-discriminatory justification would place routine personnel decisions in judicial hands. We thus affirm the district court’s grant of summary judgment to the City. I. Defendant City of Newport News operates the Newport News Fire Department, which provides, among other things, fire suppression and emergency medical services (EMS). The Fire Chief, Kenneth Jones, heads the entire Fire Department. Fire Chief Jones is directly assisted by two Deputy Fire Chiefs. Fire Captains oversee each twenty-four hour shift at the City’s ten fire stations. The Fire Captain position is demanding, and involves a variety of supervisory duties both at the fire station and during emergency operations. Fire Captains, in turn, are assisted by Fire Lieutenants. Non-officer positions include Fire- fighter/Medics, who may themselves earn "Senior" status. Plaintiff Jonnie Sue Hux commenced employment with the City of Newport News in 1986 as a dispatcher in the Emergency Communi- cations Department. In 1990, Hux joined the Fire Department as an emergency medical technician, and in 1992, the Department assigned her to a "squad unit," a three-person team consisting of two fire- fighters and one medic. While Hux did receive basic firefighting cer- tification as part of her squad service, her work continued to focus almost exclusively on EMS. The Department subsequently unified its fire and medical personnel, and it reclassified Hux as a Fire- 2 HUX v. CITY OF NEWPORT NEWS
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