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No. 10757895
United States Court of Appeals for the Fourth Circuit
Melanie Hood-Wilson v. Board of Trustees, Community College of Baltimore
No. 10757895 · Decided December 12, 2025
No. 10757895·Fourth Circuit · 2025·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Fourth Circuit
Decided
December 12, 2025
Citation
No. 10757895
Disposition
See opinion text.
Full Opinion
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PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-2263
MELANIE HOOD-WILSON,
Plaintiff – Appellant,
v.
BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE OF BALTIMORE
COUNTY,
Defendant – Appellee.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Lydia Kay Griggsby, District Judge. (1:20-cv-00124-LKG)
Argued: October 21, 2025 Decided: December 12, 2025
Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges.
Affirmed by published opinion. Judge Agee wrote the opinion in which Judge Niemeyer
and Judge Richardson joined.
Yaida O. Ford, FORD LAW PROS P.C., Washington, D.C., for Appellant. Vincent Patrick
Jackson, KOLLMAN & SAUCIER, P.A., Timonium, Maryland, for Appellee.
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AGEE, Circuit Judge:
Melanie Hood-Wilson appeals the district court’s grant of summary judgment to her
former employer, Community College of Baltimore (“CCB”), on her disparate treatment
claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C.
§ 2000e. Hood-Wilson contends that the district court improperly found that she failed to
establish a prima facie case of race and gender discrimination and, in the alternative, to
show that CCB’s justification for its failure to promote her was pretext.
Even assuming Hood-Wilson established a prima facie case, we cannot conclude
that she has met her burden of proving that CCB’s justification for its decision—that the
applicant selected for the position, Matthew Bernardy, was more qualified than her—was
pretext. Consequently, we affirm the district court’s judgment.
I.
A.
In 2001, CCB hired Hood-Wilson, a Black woman, as an adjunct instructor and
Coordinator of the Single Step program. That program focuses on workforce development
for individuals with disabilities. Five years after her arrival, Hood-Wilson was promoted
to Director of Special Populations. During her tenure in that position, she increased the
program’s enrollment and annual revenue.
2
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While Hood-Wilson worked at CCB, Dean Louise Slezak, a White woman, directly
supervised her. At some point, Slezak also supervised Bernardy, Steven Jurch, and Jay
Bouis—all non-Black men. 1
In 2018, CCB posted three job openings: Assistant Dean of Workforce Solutions,
Assistant Dean of Health and Business, and Assistant Dean of Applied Technology and
Logistics. In the job description for the Assistant Dean of Workforce Solutions position,
CCB outlined the following minimum requirements:
Master’s degree with ten (10) years of experience developing and
implementing continuing education and workforce development programs.
Preferred experience working with disadvantaged and underserved
populations and [Workforce Innovation and Opportunity Act (“WIOA”)]
knowledge. Of the ten years’ experience[,] five must be in a managerial
capacity. . . .
J.A. 650. The description also outlined the ideal applicant’s skillset, which included
knowledge of workforce development systems, a demonstrated ability to manage large
groups of people, and prior success in securing grants.
To decide whom to hire for the assistant dean positions, CCB created a five-person
search committee. Relevant here, that committee included Slezak and CCB Vice President
of Enrollment and Outreach Initiatives Michael Netzer, and it developed fourteen interview
questions, which were used to evaluate the candidates for all three positions. Netzer was
also the final decision maker for the Associate Dean of Workforce Solutions position.
1
It is undisputed that Bouis and Jurch are White men. The parties agree that Bernardy is
Hispanic, but Hood-Wilson maintains that he is a “white Hispanic man.” J.A. 331, 977.
3
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Committee members scored applicants’ responses on a five-point scale and discussed their
scores at the end of each interview.
Among others, Hood-Wilson and Bernardy applied for the Assistant Dean of
Workforce Solutions position, Jurch applied for the Assistant Dean of Health and Business
position, and Bouis applied for the Assistant Dean of Applied Technology and Logistics
position. Following interviews with the applicants, the hiring committee gave Bernardy the
highest score (285 points) and Hood-Wilson the lowest score (181 points) for the
Workforce Solutions position. Based on the applicants’ scores and qualifications, CCB’s
hiring committee recommended Bernardy to Netzer for the Assistant Dean of Workforce
Solutions position, who then hired him. 2 Likewise, Netzer hired Jurch and Bouis for the
other two assistant dean positions.
In an affidavit, Netzer explained his decision to hire Bernardy over Hood-Wilson
for the position. Before his promotion to Assistant Dean of Workforce Solutions, Bernardy
served as CCB’s Director of Connections to Employment and the Interim Director of the
Center for Adult and Family Literacy. Based on this experience and Bernardy’s
performance during the interviews, Netzer explained that Bernardy was the most qualified
applicant. Netzer emphasized Bernardy’s history of managing large organizations and
2
The parties agree that Netzer was the final decision maker. Response Br. at 17–18;
Oral Argument at 6:25–6:50, Hood-Wilson v. Bd. of Trs. of Cmty. Coll. of Baltimore Cnty.,
No. 24-2264 (4th Cir. Oct. 21, 2025) (hereinafter “Oral Argument”). At oral argument,
Hood-Wilson initially—and incorrectly—represented that Slezak, rather than Netzer,
created the three assistant dean positions. Oral Argument at 4:07–4:20, 4:30–5:36.
However, as counsel subsequently acknowledged, id. at 32:35–34:01, 34:38–35:05, Netzer
stated that he created the positions, and Slezak testified that she “honestly [did not] know”
who created them, J.A. 931.
4
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budgets, his experience with Workforce Solutions programming, his relationships with
agencies involved in that programming, his experience with WIOA funding, and his grant-
writing experience. With respect to Hood-Wilson, Netzer concluded that she was less
qualified than Bernardy because the Single Step program was smaller and had a narrower
focus than the programs led by Bernardy. He also noted that Hood-Wilson did not have a
background in welfare-to-work and workforce development systems, familiarity with
WIOA, or grant-writing experience.
In November 2018, Hood-Wilson resigned from CCB, effective as of February 1,
2019, because she believed that Slezak was building a record to support the termination of
her employment.
A month later, Slezak issued a Corrective Action Letter to Hood-Wilson for
approving timecards from two of her Black female subordinates—Jarina Lloyd and Rakeah
Glass—with overlapping hours, i.e., “double-dipping.” In the letter, Slezak explained that
Hood-Wilson “improperly and negligently mismanaged [her] fiscal responsibilities,”
resulting in approximately $5,000 in overpayments. J.A. 673. In her defense, Hood-Wilson
maintains that White male employees, including Jurch, committed the same infraction, but
that CCB did not punish them. Hood-Wilson, Lloyd, and Karen Paris (a former CCB
payroll administrator) also averred that the double-dipping incident stemmed from
adjustments to a new payment software, and thus Hood-Wilson’s error was procedural, not
fraudulent, in nature in their view.
Consistent with her earlier notice, Hood-Wilson left CCB on February 1, 2019.
5
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B.
While still employed at CCB, Hood-Wilson filed a charge of discrimination with
the Maryland Commission on Civil Rights, alleging race and gender discrimination under
Title VII based on “harassment, discipline, denial of promotion[,] and constructive
discharge.” J.A. 689. The State’s investigation ended when Hood-Wilson requested a right-
to-sue letter from the EEOC, which she received on October 21, 2019.
Hood-Wilson commenced this action in January 2020, alleging disparate treatment
claims based on race and gender, in violation of Title VII and the Maryland Fair
Employment Practices Act.
CCB moved to dismiss Hood-Wilson’s complaint for failure to state a claim, and
the district court granted its motion. Hood-Wilson noted a limited appeal to this Court to
challenge dismissal of her disparate treatment failure-to-promote claim under Title VII.
Hood-Wilson v. Cmty. Coll. of Baltimore Cnty., 850 F. App’x 844 (4th Cir. 2021) (per
curiam). This Court reversed the district court’s decision on that claim and remanded the
case, directing Hood-Wilson to file an amended complaint consistent with its decision. 3
Hood-Wilson did so, bringing race- and gender-based Title VII disparate treatment claims
limited to CCB’s failure to promote her to the Assistant Dean of Workforce Solutions
position and the decision to issue the Corrective Action Letter to her for timecard errors.
3
Hood-Wilson did not appeal the dismissal of her state-law claims or her disparate
discipline claim. Consequently, this Court affirmed their dismissal. Hood-Wilson, 850 F.
App’x at 845. In her amended complaint, she did not bring any state-law claims or a
disparate discipline claim. See J.A. 120–23.
6
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The parties conducted discovery and, at its close, CCB moved for summary
judgment. The district court granted that motion and, in so doing, reasoned that Hood-
Wilson failed to provide direct or indirect evidence of intentional discrimination making it
appropriate to proceed under the burden-shifting framework set forth in McDonnell
Douglas Corp. v. Green, 411 U.S. 792 (1973). See Evans v. Techs. Applications & Serv.
Co., 80 F.3d 954, 959 (4th Cir. 1996) (stating a disparate treatment failure-to-promote
claim can proceed under any of these rubrics). The district court concluded that Hood-
Wilson failed to show a prima facie case of discrimination and, even if she did so, failed to
show that CCB’s justification—that Bernardy was more qualified for the Assistant Dean
of Workforce Solutions position—was pretext. Because Hood-Wilson’s evidence was not
sufficient to create a triable issue on her claim, the court entered judgment for CCB.
Hood-Wilson noted a timely appeal, and this Court has jurisdiction under 28 U.S.C.
§ 1291.
II.
We review the district court’s grant of summary judgment de novo. Belmora LLC
v. Bayer Consumer Care AG, 987 F.3d 284, 291 (4th Cir. 2021). Under the familiar Rule
56 standard, summary judgment is only proper if there is no genuine issue as to any material
fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).
Further, we must “view the facts and all justifiable inferences arising therefrom in the light
most favorable to . . . the nonmoving party.” Jacobs v. N.C. Admin. Off. of the Cts., at 565
n.1 (quotation marks omitted).
7
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III.
Under the McDonnell Douglas burden-shifting framework, a plaintiff must first
establish a prima facie case of discrimination. Lettieri v. Equant Inc., 478 F.3d 640, 646
(4th Cir. 2007). “To do so, a plaintiff must show that (1) she is a member of a protected
class; (2) her employer took an adverse action against her; (3) she had been fulfilling her
employer’s legitimate expectations at the time of the adverse action; and (4) the adverse
action occurred under circumstances that raise a reasonable inference of unlawful
discrimination[.]” Sempowich v. Tactile Sys. Tech., Inc., 19 F.4th 643, 649–50 (4th Cir.
2021). “Once a plaintiff makes out a prima facie case, the burden shifts to the employer to
put forth a nondiscriminatory explanation for its actions.” Id. at 650. “If the employer does
so, the burden then shifts back to the plaintiff to show that the employer’s explanation was
actually a pretext for discrimination.” Id. (cleaned up). In the failure-to-promote context,
there are two avenues for a plaintiff to establish pretext: she can (1) “show[] that [s]he was
better qualified, or” (2) “amass[] circumstantial evidence that otherwise undermines the
credibility of the employer’s stated reasons.” Adams v. Trs. of the Univ. of N.C.-
Wilmington, 640 F.3d 550, 559 (4th Cir. 2011) (citation omitted).
We assume, without deciding, that Hood-Wilson has met her burden of showing a
prima facie case of discrimination, and decide this case at the last stage of the McDonnell
Douglas framework. We do so recognizing that the prima facie case is a “relatively easy
test” to surpass, and that it is frequently in carrying her ultimate burden of showing failure-
to-promote based on discrimination that a plaintiff’s claim fails. Young v. Lehman, 748
8
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F.2d 194, 197 (4th Cir. 1984). Compare id. (explaining that determining whether a plaintiff
“was rejected under circumstances which give rise to an inference of unlawful
discrimination” is “not a heavy burden”), with Texas Dep’t of Cmty. Affs. v. Burdine, 450
U.S. 248, 256 (1981) (explaining that the plaintiff’s “burden of persuasion” after an
employer offers a non-discriminatory justification for its decision “merges with the
ultimate burden of persuading the court that she has been the victim of intentional
discrimination”), and Evans, 80 F.3d at 960 (“[W]e must remember that ‘the burden of
establishing a prima facie case of disparate treatment is not onerous.’” (quoting Burdine,
450 U.S. at 253).
For its part, CCB offered the following non-discriminatory justification for hiring
Bernardy: he was more qualified for the position. Evans, 80 F.3d at 960 (“[R]elative
employee qualifications are widely recognized as valid, non-discriminatory bases for any
adverse employment decision.”). So the question is whether Hood-Wilson proffered
circumstantial evidence sufficiently probative of discrimination, such as “[p]roof that
[CCB’s] explanation is unworthy of credence,” to suggest that CCB’s non-discriminatory
justification for its action was pretext. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S.
133, 147 (2000). In undertaking that analysis, we may “compar[e] the plaintiff’s
qualifications with those of the person who received the promotion” and “consider the
veracity of the reasons, annunciated by the employer, why the plaintiff did not receive the
promotion.” Anderson v. Westinghouse Savannah River Co., 406 F.3d 248, 269 (4th Cir.
2005).
9
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Hood-Wilson argues that the district court erred in concluding that she failed to
establish CCB’s justification was pretext. In so doing, she contends that there is sufficient
evidence in the record to create a genuine dispute over the following issues: (1) whether
Bernardy is better qualified than her for the Assistant Dean of Workforce Solutions
position; (2) whether Bernardy being pre-selected for the Assistant Dean of Workforce
Solutions position over Hood-Wilson, or Jurch’s and Bouis’ alleged preselection for
positions to which Hood-Wilson did not apply, somehow evinces discriminatory animus
against her; and (3) whether certain circumstantial evidence is sufficiently probative of
discrimination as to CCB’s decision to hire Bernardy over Hood-Wilson. We conclude that
no reasonable factfinder could find for Hood-Wilson on these points and therefore affirm
the district court.
A.
First, we address Hood-Wilson’s reliance on the candidates’ relative qualifications.
Where, as here, an employer relies on employee qualifications to justify an employment
decision, “we [must remain] mindful that we assess relative job qualifications based on the
criteria that the employer has established as relevant to the position in question.” Heiko v.
Colombo Sav. Bank, F.S.B., 434 F.3d 249, 259 (4th Cir. 2006). Here, CCB’s job description
for the Assistant Dean of Workforce Solutions sought an applicant with, inter alia,
“[k]nowledge of Federal, State and County welfare to work and workforce development
systems,” “[e]xcellent leadership/supervisory skills, including conflict resolution, and
ability to manage large staff of 25+ individuals,” an “[a]bility to establish, build and
maintain complex inter-institutional relationships,” an “[a]bility to develop financial plans
10
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and manage large operating and grant budgets and expenditures,” an ability to
“[u]nderstand Performance Based funding,” and a “[t]rack record of effective grant
writing.” J.A. 650. It also conveyed that CCB preferred applicants with “WIOA
knowledge.” Id.
With these requirements in mind, Netzer explained that Bernardy “was the best
candidate for the position, hands down, because of his relevant experience, knowledge, and
skill set.” J.A. 662. He pointed to Bernardy’s experience “with [WIOA] funding,”
“managing large organizations and budgets,” “writing and managing grants,” and
“understanding all facets of Workforce Solution programming,” including the “federal,
state, and county programs designed to help disadvantaged and underserved populations
become employed,” as well as his “existing relationships with the agencies involved in
Workforce Solutions programming.” Id. In other words, Bernardy was chosen because he
was a strong applicant for the position based on CCB’s listed job requirements.
Hood-Wilson unsuccessfully attempts to create a genuine dispute as to whether
Bernardy’s qualifications were superior to hers by offering subjective evidence that
Bernardy was less qualified and that she was more qualified than CCB claimed. For
example, to rebut Bernardy’s qualifications, Hood-Wilson relies on a sworn declaration
from Tenesha Riden, her former coworker, wherein Riden explained that, in her opinion,
Bernardy exhibited subpar leadership skills and poorly managed a grant-funded program.
To highlight her own qualifications, Hood-Wilson cites Riden’s testimony that Hood-
Wilson had grant-writing experiences, as well as her own testimony that she had WIOA
11
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and grant-writing experience and that she grew the Single Step program’s revenue. 4 But
“it is the perception of the decision maker which is relevant.” DeJarnette v. Corning Inc.,
133 F.3d 293, 299 (4th Cir. 1998) (cleaned up). That some of Hood-Wilson’s “coworkers
may have thought that she did a good job, or that she did not deserve [to be denied the
promotion], is close to irrelevant.” Id. (cleaned up).
Looking to the final decision maker’s perception leads firmly to the conclusion that
he deemed Bernardy’s qualifications to be more closely aligned with what was needed in
this position than Hood-Wilson’s. For instance, Netzer noted that the selection process was
“not based on [] current job performance,” but rather “based on how we thought they would
perform as Assistant Dean.” J.A. 663. This makes sense—current job “performance
evaluation and the interview selection stage, which involves an analysis of how the
applicant meets the core and functional competencies of the position that is open, are not
interchangeable.” Anderson, 406 F.3d at 272. Netzer explained that Hood-Wilson’s “Single
Step program is relatively small in terms of budget and personnel, and has a narrow focus,”
which “starkly contrasts [with] Bernardy’s years of experience managing large
organizations and large budgets and programs.” J.A. 663. In addition, he stated that Hood-
4
CCB argues that Hood-Wilson’s “self-serving affidavit” is insufficient to
overcome summary judgment. Response Br. 19. To the extent Hood-Wilson relies on her
affidavit, standing alone, to defeat summary judgment, CCB has a point—this Court has
cast doubt on the value of beliefs or opinions expressed in a self-serving affidavit in the
absence of supporting evidence in the Title VII context. See Cosby v. S.C. Prob., Parole &
Pardon Servs., 93 F.4th 707, 717–18 (4th Cir. 2024); Mackey v. Shalala, 360 F.3d 463,
469–70 (4th Cir. 2004). Still, setting aside our qualms with the supporting evidence offered
by Hood-Wilson, she has produced more than just her affidavit, so we decline to discredit
her arguments on that basis.
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Wilson “did not demonstrate [] a broad background in welfare-to-work and workforce
development systems,” and her “interview responses demonstrated she had little or no
familiarity with WIOA, knowledge of which was a preferred qualification for the position.”
Id. Further, he noted that her “interview answers demonstrated that she had little or no
experience writing or managing grants or performance-based funding,” whereas “Bernardy
had experience with millions of dollars of such funding.” Id.
Netzer capably explained his conclusion that Bernardy was better qualified than
Hood-Wilson for the position, relying on the candidates’ past experiences and
performances during the hiring process. Absent the requisite evidence that Hood-Wilson’s
“qualifications are demonstrably superior” to Bernardy’s, we are loath to interfere with
CCB’s hiring decision. Heiko, 434 F.3d at 261–62. Even with Hood-Wilson’s subjective
view of her past performance, the record provides no reason to believe Hood-Wilson was
demonstrably more qualified than Bernardy. In such circumstances, “the promotion
decision remains vested in the sound business judgment of the employer,” id., lest this
Court “sit as a kind of super-personnel department weighing the prudence of employment
decisions made by firms charged with employment discrimination,” DeJarnette, 133 F.3d
at 299 (citation omitted).
In short, the record demonstrates that, upon review of Hood-Wilson’s evidence that
CCB improperly hired Bernardy over her based on their qualifications, a reasonable
factfinder could not conclude that Hood-Wilson’s qualifications were “demonstrably
superior.” Heiko, 434 F.3d at 261–62. Therefore, we decline to disturb CCB’s decision to
hire Bernardy as Assistant Dean of Workforce Solutions on that basis.
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B.
Second, Hood-Wilson contends that CCB engineered the hiring process to promote
Bernardy, Bouis, and Jurch to the assistant dean positions. She argues that CCB’s alleged
focus on those three White men was discriminatory because CCB deprived her, a Black
woman, of the opportunity for a promotion. Hood-Wilson points to deposition testimony
from another applicant for the positions who was not selected, who explained that he
thought the interview questions were created to highlight Bernardy’s, Bouis’, and Jurch’s
knowledge and experience. She also relies on Paris’ testimony that, in an email to the
President of CCB, Netzer stated that the assistant dean positions were created so that Jurch,
Bouis, and Bernardy would not leave CCB.
Once again, however, Hood-Wilson’s argument misses the mark. “The argument
that a supervisor may have preselected an employee for a promotion ‘is not sufficient
evidence for jurors reasonably to conclude’ that the defendants’ explanation for hiring [an
individual] was pre[]text.” Anderson, 406 F.3d at 271 (citation omitted). That is because
“[i]f one employee was unfairly preselected for the position, the preselection would work
to the detriment of all applicants for the job, black and white alike.” Blue v. U.S. Dep’t of
the Army, 914 F.2d 525, 541 (4th Cir. 1990). Beyond CCB’s alleged preselection of
Bernardy, Bouis, and Jurch, Hood-Wilson fails to identify any aspect of the hiring process
that permits a reasonable inference of discriminatory animus. 5 Thus, we are not persuaded
5
For instance, at oral argument, Hood-Wilson was unable to identify any interview
questions that are discriminatory, rather than simply aimed at the alleged preselected
individuals’ knowledge and experience. Oral Argument at 37:28–37:47.
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by Hood-Wilson’s reliance on CCB’s alleged preselection of Bernardy, Bouis, and Jurch
for the assistant dean positions. At bottom, preselection is not indicative on its own of
discrimination, so this argument has no traction under the circumstances presented.
C.
Finally, Hood-Wilson argues that there was sufficient circumstantial evidence in the
record of CCB’s discriminatory animus towards Black women in general, and Hood-
Wilson specifically. On this front, she relies on various allegedly discriminatory comments
by Slezak and Hood-Wilson’s receipt of the Corrective Action Letter.
Hood-Wilson’s reliance on Slezak’s purported comments is unavailing. She points
to three alleged statements as evincing discriminatory animus: (1) in 2017, Slezak told
Hood-Wilson that “she did not care for Martha’s Vineyard” before adding that “[t]here are
a lot of Black people there,” J.A. 232; (2) Slezak complained in a meeting about “people
in the city,” i.e., Baltimore, “jumping rent,” and then “turned to [Hood-Wilson] and said,
“Melanie, I know you know all about that,” J.A. 220; and (3) Slezak repeatedly impugned
Hood-Wilson’s competence, see, e.g., J.A. 948 (“I told [Hood-Wilson] she’s a good
director from [a] 30,000-foot view, [but] that she doesn’t know the ins and outs of
everything[.]”); J.A. 960 (“I felt calling [Hood-Wilson] incompetent was much better than
saying she did it on purpose and she should be fired for it[.]”).
These statements suffer from a common fatal flaw: they are untethered to Netzer,
the final decision maker as to whether to promote Bernardy over Hood-Wilson. Our
caselaw makes clear that while “[i]t is regrettable that any distasteful comments will arise
in the workplace, [] that cannot mean that the actual decision maker is impugned thereby.”
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Wannamaker-Amos v. Purem Novi, Inc., 126 F.4th 244, 260 (4th Cir. 2025) (citation
omitted). In considering failure-to-promote claims, “[i]t is the decision maker’s intent that
remains crucial, and in the absence of a clear nexus with the employment decision in
question, the materiality of stray or isolated remarks is substantially reduced.” Merritt v.
Old Dominion Freight Line, Inc., 601 F.3d 289, 300 (4th Cir. 2010). “Relevant factors”
that may create the requisite connection between discriminatory comments in the
workplace and a challenged decision by the employer include “the identity of the speaker,
the nature and substance of the comments, and the temporal proximity of the comments to
the challenged decision.” Wannamaker-Amos, 126 F.4th at 260 (citation omitted).
Hood-Wilson contends that such a nexus exists by virtue of Slezak’s presence on
the hiring committee. But the fact that Slezak was on the hiring committee, standing alone,
does not render her stray and isolated remarks relevant. Although she had a limited role in
the hiring process, four other individuals were also on the committee, including Netzer, the
final decision maker. Hood-Wilson does not ascribe discriminatory intent to any other
member of the committee, nor does she allege that Slezak took any actions during the hiring
process itself that were detrimental to her candidacy. 6 Further, Hood-Wilson failed to
proffer any evidence that any action of the committee had any discriminatory intent.
As a member of the hiring committee, Netzer participated in and scored each
candidate’s interview, and the record reflects that he and Slezak actually gave Hood-
Wilson her highest scores. Further, Slezak’s general comments about Hood-Wilson’s
6
In fact, Hood-Wilson failed to depose the other members of the hiring committee
or introduce any evidence related to their roles or involvement in the hiring process.
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competence do little to advance Hood-Wilson’s theory of race- and gender-based
discrimination. At most, they reflect that Slezak simply did not think Hood-Wilson was
performing well, which does not suggest that her view was influenced by Hood-Wilson’s
race or gender. See Laing v. Fed. Exp. Corp., 703 F.3d 713, 718 (4th Cir. 2013) (concluding
that a “comment did not reflect a discriminatory attitude” when the speaker “never
suggested that Laing’s route might be changed [for an impermissible reason], rather than
for some other, lawful reason”). And Slezak’s remaining statements are “generalized
comments about [Hood-Wilson’s] protected class,” i.e., Black women, which are less
indicative of discriminatory animus than “discriminatory comments [that] relate to the
employee’s qualifications, performance, or character.” Wannamaker-Amos, 126 F.4th at
259–60. We are also mindful that none of the alleged remarks occurred around the time of
the hiring process that forms the basis of Hood-Wilson’s claim. Indeed, the Martha’s
Vineyard comment occurred nearly a year before Hood-Wilson applied for the assistant
dean position. Cf. id. at 260 (recognizing that “temporal proximity” of discriminatory
comments to the adverse action is not required, but it is a “factor[] to be considered”).
Against this backdrop, Hood-Wilson’s reliance on Slezak’s alleged comments to
demonstrate discriminatory animus is misplaced.
Nor are we convinced that Hood-Wilson’s receipt of a Corrective Action Letter,
signed by Slezak, was so inconsistent with CCB’s policy that it evinces discriminatory
animus. In that letter, Slezak explained that Hood-Wilson “improperly and negligently
mismanaged [her] fiscal responsibilities” by approving inaccurate timecards. J.A. 673.
Setting aside that, once again, this evidence is divorced from the hiring process generally
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and Netzer specifically, it is true that this Court has recognized that “deviations” from a
company’s internal policies “are [] circumstantial evidence from which pretext and
discriminatory intent may be inferred.” Hollis v. Morgan State Univ., 153 F.4th 369, 383
(4th Cir. 2025). But the record indicates that Slezak followed CCB’s policy in disciplining
Hood-Wilson. According to the letter, CCB prohibits the falsification of college documents
and Hood-Wilson was “verbally warned and counseled about [her] inattention to fiscal
matters in the past.” J.A. 674.
Based on these infractions, Slezak followed a Human Resources representative’s
recommendation that Hood-Wilson receive a written warning, despite Slezak’s inclination
to impose a more severe punishment. That is to say, Hood-Wilson violated CCB policy
and, in line with Human Resources’ guidance, Slezak issued a written warning related to
that violation. These facts are a far cry from the kind of deviations this Court has found to
be evidence of discrimination. See, e.g., Wannamaker-Amos, 126 F.4th at 260–61 (finding
that the decision to fire Wannamaker-Amos for a minor infraction, without taking any of
the “progressive responses to work-related issues” laid out in the company’s policy such
as “verbal coaching[] [and] written warnings,” could lead a jury to conclude that
termination of employment was a deviation from policy indicative of discriminatory
animus).
Finally, Hood-Wilson argues that the disparate treatment of employees who signed
off on fraudulent timecards demonstrates discriminatory animus. She claims that other
White male employees, such as Jurch, committed the same infraction that led to her
Corrective Action Letter, but received no discipline. This argument misunderstands the
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letter, which details Hood-Wilson’s history of “inattention to fiscal matters.” J.A. 674; see
J.A. 673 (“Over the past several evaluations and throughout the year, I have met several
times with you to discuss the importance of accuracy, oversight and fiscal management.”).
Hood-Wilson fails to suggest that any of the other White male employees who allegedly
engaged in this misconduct carried the same type of history. Given this distinction, we
cannot conclude that this incident reflects discriminatory animus. Consequently, we find
that no reasonable factfinder could conclude that Slezak’s disciplinary action evidences
discriminatory animus. 7
In sum, Hood-Wilson makes a mountain out of a molehill when it comes to her
circumstantial evidence of discriminatory animus. That is clearly insufficient.
****
As explained above, on this record, we are not persuaded that Hood-Wilson has
adduced sufficient evidence of pretext to create a genuine dispute of material fact as to
7
The district court construed Hood-Wilson’s complaint as raising disparate claims
based on (1) CCB’s failure to promote her and (2) its decision to take disciplinary action
against her for submitting inaccurate timecards but to promote a White employee who
allegedly committed the same infraction. Hood-Wilson v. Bd. of Trs. of Cmty. Coll. of
Baltimore Cnty., No. 20-cv-00124-LKG, 2024 WL 4893641, at *4 (D. Md. Nov. 26, 2024).
On appeal, Hood-Wilson bases her disparate treatment claim only on CCB’s failure to
promote her. See generally Opening Br. Regardless, to the extent she maintains that the
claimed disparate treatment related to the timecards support her Title VII claims, that
argument is meritless. As noted above, Hood-Wilson fails to adduce evidence that the
White employees who allegedly committed timecard infractions were similarly situated to
Hood-Wilson, i.e., that they had the same history of inattention to fiscal matters that
prompted CCB’s disciplinary action against her. That failure is fatal to a disparate
treatment claim. See Cosby, 93 F.4th at 714–15 (“Absent evidence that [allegedly similarly-
situated individuals] engaged in the same conduct as [the plaintiff], they cannot serve as
valid comparators.” (citation omitted)).
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CCB’s justification for hiring Bernardy. Hood-Wilson raises several arguments to support
her claim: that she is more qualified than Bernardy, that CCB preselected a White male
over her, and that circumstantial evidence in the record evinces a discriminatory climate at
CCB towards Hood-Wilson. Even construing all facts and inferences in her favor, however,
Hood-Wilson’s alleged evidence of discrimination simply would not permit a reasonable
factfinder to conclude that CCB’s justification for hiring Bernardy was pretext.
IV.
For the reasons set forth above, the district court’s decision granting CCB’s motion
for summary judgment is
AFFIRMED.
20
Plain English Summary
USCA4 Appeal: 24-2263 Doc: 52 Filed: 12/12/2025 Pg: 1 of 20 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
Key Points
01USCA4 Appeal: 24-2263 Doc: 52 Filed: 12/12/2025 Pg: 1 of 20 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
02BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE OF BALTIMORE COUNTY, Defendant – Appellee.
03(1:20-cv-00124-LKG) Argued: October 21, 2025 Decided: December 12, 2025 Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges.
04Judge Agee wrote the opinion in which Judge Niemeyer and Judge Richardson joined.
Frequently Asked Questions
USCA4 Appeal: 24-2263 Doc: 52 Filed: 12/12/2025 Pg: 1 of 20 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
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This case was decided on December 12, 2025.
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