United States Fourth Circuit

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McCleary-Evans v. Maryland Department of Transportation, 13-2488

In this case, plaintiff alleged that defendant Maryland Department of Transportation's State Highway Administration failed or refused to hire her for two positions for which she applied because of her race and her sex, in violation of Title VII of the Civil Rights Act. Plaintiff further alleged in her complaint that she was highly qualified for the positions, but that the decision makers were biased and had "predetermined" that they would select white candidates for the positions. Dismissal is affirmed, where: 1) plaintiff failed to include adequate factual allegations in her complaint to support a claim that defendant Highway Administration discriminated against her because she was African American or female; and 2) a complaint must allege more than a sheer possibility that a defendant has acted unlawfully.

Appellate Information

  • Decided 03/13/2015
  • Published 03/13/2015

Judges

  • Niemeyer

Court

  • United States Fourth Circuit

Counsel