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No. 11-1650
DESHANE A. MCCASKEY,
Plaintiff - Appellant,
v.
JANA HENRY; YMCA OF GREATER CHARLOTTE,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:10-cv-00390-GCM)
Submitted:
Decided:
PER CURIAM:
DeShane A. McCaskey appeals the district courts order
granting the Defendants motion to dismiss her complaint.
her
complaint,
discriminated
McCaskey
against
alleged
her
by
that
failing
to
the
promote
In
Defendants
her
and
by
motion
to
dismiss
for
failure
to
state
claim.
Ashcroft v.
Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)).
are to be construed liberally.
an
employer . . .
respect
privileges
of
to
to
[her]
employment,
discriminate
compensation,
because
of
against
any
terms,
conditions,
such
individual
individuals
or
race,
42 U.S.C. 2000e-
(2) there was a specific position for which she applied, (3) she
was qualified for that position, and (4) [her employer] rejected
her
application
under
circumstances
inference of discrimination.
that
give
rise
to
an
It dismissed
that
denied
she
was
promised
promotion
to
supervisory
protected
plaintiff
is
discrimination.
1994).
class
received
sufficient
to
promotion
create
an
instead
of
the
inference
of
complaint
terminated
as
also
result
alleged
of
that
racial
she
was
discrimination.
A claim of discriminatory
of
the
protected
class.
Hill
v.
Lockheed
Martin
Logistics Mgmt., Inc., 354 F.3d 277, 285 (4th Cir. 2004) (en
banc).
McCaskeys
wrongful
termination
claim.
We
vacate
the
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED