United States Fourth Circuit

When a Title VII plaintiff can show that firing and hiring decisions were made by different decisionmakers, she need not show as part of her prima facie case that she was replaced by someone outside her protected class; thus, summary judgment for defendant-employer is vacated as to claims of sex and pregnancy discrimination.

Appellate Information

• Decided 11/22/2005
• Published 11/22/2005

Judges

• Before LUTTIG, Circuit Judge, HAMILTON, Senior Circuit Judge, and JAMES C. DEVER, III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mona Lyons, Washington, D.C., for Appellant.  Elizabeth Ellen Theran, United States Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant.  Jonathan S. Franklin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellee.   ON BRIEF:  Eric S. Dreiband, General, Carolyn L. Wheeler, Acting Associate General, Vincent J. Blackwood, Assistant General, United States Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant.   Jessica L. Ellsworth, Hogan & Hartson, L.L.P., Washington, D.C., for Appellee.