Glenn-Davis

MEMORANDUM **

Plaintiff Janeith Glenn-Davis appeals the district court’s grant of summary judgment to Defendants City of Oakland, City Manager Robert Bobb, and Police Chief Richard Word, in her employment suit premised upon gender and pregnancy discrimination. Due to an opinion of this court published after the district court entered judgment, we reverse and remand.

In May 2000, Glenn-Davis, a lieutenant in the Oakland Police Department (“OPD”), qualified for a captain position premised upon her examination results and was placed on an eligibility list for promotion. This eligibility list, and Glenn-Davis’s chance of becoming a captain in the OPD, was set to expire in January 2002. In the spring of 2001, Glenn-Davis informed her supervisors that she was pregnant. Defendants later decided that no candidate from the eligibility list would be promoted and implemented a promotions freeze on all captain positions; however, there is no written documentation of this freeze. Glenn-Davis was not promoted, the eligibility list expired, and she brought suit against Defendants for gender and pregnancy discrimination in failing to promote, in violation of 42 U.S.C. §§ 1983 and 2000e et seq.…