Hicks v. Napolitano, No. 13-1741 (1st Cir. 2014)
Annotate this CasePlaintiff, an African-American woman who was serving in the United States Coast Guard Housing Office at Air Station Cape Cod, filed an employment discrimination action against the Secretary of Homeland Security, asserting that the Secretary failed to promote her to the position of housing manager because of her race and gender. The district court granted summary judgment in favor of the Secretary, concluding that Plaintiff failed to generate a genuine issue of material fact as to whether the Secretary’s non-discriminatory reason for choosing another candidate was pretextual. The First Circuit Court of Appeals affirmed, holding (1) the district court acted within the bounds of its discretion in denying Plaintiff’s motion to reopen discovery shortly after retaining counsel; and (2) the Secretary was entitled to summary judgment because Plaintiff failed to generate a genuine issue of material fact on the issue of pretext.
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