Kimberly Miles v. Dell, Incorporated, Equal Employment Opportunity Commission, Amicus Supporting

Affirmed in part, vacated in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge HAMILTON and Judge DEVER joined.

LUTTIG, Circuit Judge.

Plaintiff-appellant Kimberly Miles, a former account manager at Dell, Inc., sued Dell for sex discrimination, pregnancy discrimination, and retaliation under Title VII. The district court granted Dell’s motion for summary judgment as to all three claims, concluding that, under governing circuit precedent, Miles failed to make out a prima facie case of sex or pregnancy discrimination because she was replaced by another…