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Wednesday, September 17, 2025

Employment – Discrimination – Sex - Massachusetts Lawyers Weekly

Where the plaintiff, a federal postal employee who was passed over for two promotions, alleged discrimination on the basis of age and sex, a grant of summary judgment must be reversed in part, as the evidence presents a genuine dispute of material fact as to the plaintiff’s sex discrimination claim regarding her non-promotion to a postmaster position.

“Elizabeth Warner is a federal postal employee who was passed over for two promotions. Believing that she was denied those positions because of her age and sex, she sued her employer, the United States Postal Service (USPS). Warner alleged that USPS discriminated against her in violation of the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act. The district court granted summary judgment against her. It held that no reasonable jury could conclude that USPS’s stated reasons for denying Warner the promotions were, in fact, pretexts for discrimination.

“We agree that Warner’s claims of age discrimination fail as a matter of law. However, we find that the evidence presents a genuine dispute of material fact as to one of her sex-discrimination claims. We therefore affirm in part, and reverse in part, the district court’s summary judgment order. …

“Warner’s career with the post office began in 1998. Nine years later, she became a postmaster, and by 2018 she had risen to the rank of Level 18 postmaster. In January 2018, she applied for an open Level 20 postmaster position in Durham, New Hampshire,...



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