United States Fourth Circuit

Summary judgment for defendant-employer in a suit brought under Title VII and the Age Discrimination in Employment Act is affirmed where plaintiff failed to establish a prima facie Title VII case, defendant showed it would have terminated plaintiff absent any age-based animus, insufficient evidence supported plaintiff's hostile work environment claim, and his retaliation claim lacked merit.

Appellate Information

• Decided 01/20/2006
• Published 01/20/2006

Judges

• Before KING and GREGORY, Circuit Judges, and HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Richard Sutton, Jr., Sutton Law Firm, Candler, North Carolina, for Appellant.  Paul Bradford Taylor, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  April Burt Sutton, Sutton Law Firm, Candler, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.