Nos. 04-3266, 05-3115.

474 F.3d 747 (2007)

Jill M. CRUMPACKER, Plaintiff-Appellee, v. State of KANSAS, DEPARTMENT OF HUMAN RESOURCES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 10, 2007.

Attorney(s) appearing for the Case

Deanne Watts Hay (Matt P. Patterson with her on the briefs), Parker & Hay, LLP, Topeka, KS, for Defendant-Appellant.

Timothy W. Monsees, Monsees Miller Mayer Presley & Amick, PC, Kansas City, MO, (Gene P. Graham, Jr. and Deborah J. Blakely, White Allinder Graham & Buckley, LLC, Independence, MO, with him on the brief) for Plaintiff-Appellee.

Before LUCERO, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Title VII does not protect an appointee on the policy making level in state or local government. In this case, Jill Crumpacker, a senior member of the Kansas Department of Human Resources (KDHR), was fired by the Secretary of the Department. Crumpacker sued KDHR under Title VII, alleging that she was fired because of her sex. The district court rejected KDHR's legal argument that Crumpacker was an appointee on the policy

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