United States Fourth Circuit

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Merritt v. Old Dominion Freight Line, Inc., 09-1498

In a suit brought after plaintiff-truck driver was terminated from her employment claiming sex discrimination under Title VII when defendant allegedly fired her due to a discriminatory belief that women were incapable of performing the duties of her position, summary judgment for defendant is reversed where plaintiff presented a triable issue of fact as to whether defendant's proferred legitimate and non-discriminatory reason for her termination (failing a physical ability test following an ankle injury) was "pretext for discrimination."

Appellate Information

  • Decided 04/09/2010
  • Published 04/09/2010



  • United States Fourth Circuit