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

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factors that the Department considers relevant, such as interview per- formance, years in fire service, Fire Lieutenant tenure, disciplinary record, overall job performance, and use of leave time. Once each interviewer has ranked the applicants, the three-member panel meets to discuss them. The Fire Chief makes all final decisions. Hux raises challenges to three promotional processes: December 2002, Septem- ber 2003, and January 2004. A. In December 2002, the Fire Department interviewed seventeen candidates for six Fire Captain vacancies, and selected six men. Every member of the three-person interviewing panel ranked each of the six successful male candidates above Hux. Of those six, all had at least eighteen years of fire service experience, and one, in fact, had twenty- nine years of experience. Hux, by contrast, had worked in fire service for only seven years. While it is not incumbent on employers to adopt a promotion scheme based on seniority, it is certainly permissible for them to take seniority and experience into account. In addition to fire service experience, five of the six successful candidates had served as Fire Lieutenants for at least five years, including one who had served as a Lieutenant for thirteen years. By this point, Hux had only served as a Fire Lieutenant for approximately three years. The one successful candidate who had a slightly shorter Lieutenant tenure than Hux had other qualifications that she did not possess, including more fire ser- vice experience, superior employment evaluations, and minimal use of leave time. Fire Chief Jones ranked him the top candidate, whereas the highest any interviewer ranked Hux was fourteenth. The Department also expressed concern that Hux did not possess the ideal personality traits for a Fire Captain. Fire Chief Jones indi- cated that Hux "had problems exercising leadership" and was not pro- moted because "of her need to improve her interpersonal communication skills." In addition, Hux became emotional towards the end of her interview. As she explains, "her voice cracked and tears welled up in her eyes." This was important to the interviewing panel, which worried that Hux might not possess the composure required to coordinate a team charged with protecting lives and property under highly stressful situations. 7HUX v. CITY OF NEWPORT NEWS
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