INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 8 of 12

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

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

In the September 2003 promotional process, twelve candidates applied for five Fire Captain openings, and the Department promoted five men. Every interviewer ranked every successful candidate higher than Hux, and one interviewer in fact ranked Hux last. In addition, every successful applicant had at least thirteen years of fire service experience; Hux had eight. Three of the five, moreover, had served as Fire Lieutenants for almost twice as long as Hux. The two success- ful candidates with slightly less experience as Fire Lieutenants both had more total fire service experience than Hux, had used considera- bly less leave time, and had more favorable performance evaluations. Finally, the City contends that Hux did not perform well in her inter- view, and there were once again concerns about her interpersonal and leadership skills. The final promotional process took place in January 2004, and three men received promotions. As before, all had significantly more fire service experience than Hux. While two successful candidates had served as Fire Lieutenants for six months less than Hux, both had worked at least six more years in fire service, were ranked higher by every interviewer, had employment evaluations that were equal to or exceeded Hux’s, and had used less than ten percent of the leave time she had used. Similarly, while two interviewers did rank the third suc- cessful candidate below Hux, this candidate had over twenty years of fire service experience, had served as a Lieutenant for more than three times as long as Hux, possessed superior evaluations, and had taken less than half of the leave time that Hux had. B. Notwithstanding the foregoing, Hux argues that the City’s conten- tion that male candidates were more qualified is pretext for unlawful discrimination. In doing so, however, she would ask this court to miss the forest for the trees, and disregard the better overall qualifications of her fellow applicants. In Hux’s view, it is sufficient to compare herself to those individuals who received promotions on the basis of the only factor in which she was arguably equal to each one, a factor which changes with every comparison. This does not satisfy her bur- den in this case. A plaintiff cannot create a triable issue by selecting from the many criteria used in the promotions process the one factor on which he or she may conceivably compare. "By its very terms, 8 HUX v. CITY OF NEWPORT NEWS
Jump to an indexed page (12 of 12)

Report a privacy or text-extraction issue through publication requests.