INDEPENDENT LOCAL NEWSNewport News, Virginia
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Hux v. Newport News — Fourth Circuit opinion, 05-1230

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fighter/Medic in 1995. Hux was later promoted to "Senior" status even though she did not have the five years of experience that was typically a prerequisite. In 1999, Hux applied for a Fire Lieutenant position. Anticipating that she would not receive the promotion, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). As it turned out, Hux was awarded the promotion, and she withdrew her EEOC charge. She was the first woman in the Depart- ment appointed to a fire officer position. Unfortunately, however, major surgery required Hux to take almost 2000 hours of sick leave during the period between her promotion and September 2003. While the Department permitted her this leave, being so often away from work naturally limited her amount of experience as a Fire Lieutenant. Hux’s tenure as Fire Lieutenant was characterized by continuous friction with her subordinates and fellow officers. In October 2001, for example, ten male and female subordinates at Hux’s fire station wrote a joint letter to Hux’s superiors, complaining that Hux fostered "antagonistic work conditions" and exemplified "autocratic manage- ment." According to the letter, Hux "single[d] out subordinates, on an ongoing basis, to humiliate and frustrate them," and was "intention- ally defiant and openly critical" of their Captain. For her part, Hux contends that her Fire Captain was generally unsupportive, and that her subordinates were rude and unwilling to follow her orders because she was a female. On October 11, 2001, the Department transferred Hux to a different fire station, but the discord followed her to the new location. While Hux suggests things improved, her new Captain informed Fire Chief Jones that Hux’s interpersonal interactions were not of "the proper tone to foster . . . unit cohesiveness." In 2003, Hux received a stan- dard pay increase, but a Battalion Chief noted on her employment evaluation that he had spoken with her about her negative attitude and had asked her to improve. Hux contends that this same Battalion Chief was disrespectful to her and made it difficult for her to do her job. Hux’s problems were not, however, related solely to personality differences, as the record reveals numerous instances of unprofes- 3HUX v. CITY OF NEWPORT NEWS
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