Jottings By An Employer's Lawyer

Wednesday, February 01, 2006

4th Circuit - Analyzes Prima Facie Case Where Plaintiff Is a Poor Performer

And Brian Peterson, who is on top of all things germane to West Virginia jurisprudence has his own analysis of the 4th Circuit's effort: Fourth Circuit affirms dismissal of age discrimination case. The bottom line -- while establishing a prima facie case is not meant to be an onerous burden, it still requires enough to satisfy the purpose - - setting up a legitimate inference of discrimination absent an explanation.

The decision is Warch v. Ohio Casualty Insurance Co. (4th Cir. 1/30/06) [pdf].

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