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Sunday, November 23, 2025

DISCRIMINATION—1st Cir.: Postmaster passed over for two promotions in favor of younger men gets second shot at one sex bias claim - VitalLaw.com

Despite the decisionmaker’s statement questioning the postmaster’s energy for one position, the court granted summary judgment against her age discrimination claims.

A postmaster who, at the age of 58, was denied two promotions to younger men and was told by her supervisor when she applied for the second position that the post office had never had a female postmaster and she wondered how that would work, and who also questioned whether she would have the energy to manage the office, failed to show she was denied both promotions due to her age or that she was denied the first because of her sex, the First Circuit concluded. Reversing summary judgment against her Title VII sex discrimination claim as to the second promotion, however, the appeals court found the employee’s evidence, taken together, was “just enough to warrant a jury trial” (Warner v. DeJoy, No. 24-1414 (1st Cir. Sept. 4, 2025)).

First application. The employee began working for the U.S. Postal Service in 1998, became a postmaster nine years later, and, by 2018, had risen to a Level 18 postmaster. In January 2018, at the age of 58, she applied for an open Level 20 postmaster position in Durham, New Hampshire. Her supervisor, the Post Office Operations Manager for the Northern New England District, interviewed her but then selected a 36-year-old man for the position, telling the employee he had “more experience of the sort needed for that particular job.”

Second application. Seven months later, she applied for...



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