Old Dominion Case

Case Background

Plaintiff Merritt was a truck driver employed by defendant Old Dominion. After being fired from her job, Merritt sued Old Dominion in the United States District Court for the Western District of Virginia, alleging sex discrimination under Title VII of the Civil Rights Act of 1964.

Merritt asserted that Old Dominion fired her due to a discriminatory belief that women were incapable of performing the duties of her position. In its defense, Old Dominion claimed that it discharged Merritt instead because she had failed a physical ability test following an ankle injury.

The district court granted summary judgment in favor of Old Dominion, determining that Merritt had produced insufficient evidence to demonstrate that Old Dominion’s legitimate and non-discriminatory reason for her termination was "pretext for discrimination." The Appeal think Merritt has presented an issue of triable fact, and must reverse.

Fact

As a line haul driver, Merritt made lengthy cross-country trips. She performed her duties without incident or complaint. At some point, Merritt became interested in becoming a pickup and delivery driver so she could work more regular hours and spend nights and weekends at home.

To prove that she could do the job, she filled in numerous times as a pickup and delivery driver, and once again performed the duties without incident or complaint.

When a permanent pickup and delivery position became available at Old Dominion’s Lynchburg Virginia terminal, Merritt talked to the terminal manager Howard about it. Howard told her that he lacked the authority to fill the position and proceeded to hire a less experienced man for the job.

The following year another permanent position became available and Merritt again expressed an interest in the position to Howard. Once again, assigned a less experienced male.

When Merritt asked why she was not hired, Howard told her that :

* it was decided and they could not let a woman have that...