MERRITT v. OLD DOMINION FREIGHT LINE, INC.

No. 09-1498.

601 F.3d 289 (2010)

Deborah MERRITT, Plaintiff-Appellant, v. OLD DOMINION FREIGHT LINE, INC., Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 9, 2010.


Attorney(s) appearing for the Case

ARGUED: Valerie Ann Chastain, Valerie A. Chastain, PC, Bedford, Virginia, for Appellant. Julie Loraine Gantz, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant. Robert Craig Wood, McGuirewoods, LLP, Charlottesville, Virginia, for Appellee. ON BRIEF: James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, U.S. Equal Employment Opportunity Commission, Washington, DC, for Amicus Supporting Appellant. Aaron J. Longo, McGuirewoods, LLP, Charlottesville, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge DAVIS joined. Judge DAVIS wrote a concurring opinion.


OPINION

WILKINSON, Circuit Judge:

Plaintiff-appellant Deborah Merritt was a truck driver employed by defendant-appellee Old Dominion Freight Line, Inc. ("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, 42 U.S.C. § 2000e et seq. Merritt asserted that Old Dominion fired...

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