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sional behavior. For example, Hux called a subordinate a "stupid
mother fucker" in front of the rest of her firehouse crew following an
incident in which a fire hose was packed improperly. This resulted in
a formal counseling from Fire Chief Jones. In addition, and in the
presence of the Fire Administration staff, Hux insulted a Fire Captain
by proclaiming that he had earned his promotion by "using knee
pads." Other examples include intentionally hanging up on a call to
her fire station, and, in front of others, openly chastising her Fire Cap-
tain as a "wuss" after he decided there had been enough training for
one day. Hux did not deny these allegations in the court below, and
they unfortunately represent only a sampling of the various impropri-
eties found in the record.
Despite this bumpy tenure as Fire Lieutenant, Hux continued to
seek advancement within the Department. Once she had met the
threshold eligibility requirements, including a minimum of two years
service as a Fire Lieutenant, Hux applied for a promotion to Fire Cap-
tain on four separate occasions: February 2002,1 December 2002,
September 2003, and January 2004, the last a reconvening of the Sep-
tember 2003 process. Combined, these four promotion periods filled
nineteen Fire Captain vacancies. Hux was never selected, and all of
the promotions went to male applicants. Hux was the only female
candidate considered in each of the promotion periods because she
was the only woman who met the threshold eligibility requirement of
two years service as a Fire Lieutenant.
Hux filed multiple administrative charges with both the EEOC and
the City alleging gender discrimination in the Department’s failure to
promote her to Fire Captain. After exhausting her administrative rem-
edies, Hux commenced this lawsuit, contending that the Department
failed to promote her because of her gender, and in retaliation for her
filing administrative charges. The district court granted summary
judgment to the City. Hux appeals.
II.
Title VII makes it unlawful for an employer to discriminate against
1Hux does not challenge the February 2002 promotional process here.
4 HUX v. CITY OF NEWPORT NEWSJump to an indexed page (12 of 12)