Professional Documents
Culture Documents
No. 09-2375
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:08-cv-00187-REP)
Submitted:
Decided:
PER CURIAM:
Spencer
E.
Jones,
III
appeals
the
district
courts
contended
that
during
his
In his complaint,
employment,
he
was
denied
Jones
reasserts
the
merits
of
his
claims,
The
On
and
perjured
themselves
in
their
affidavits
regarding
the
We affirm.
do
not
suffice,
nor
does
mere
scintilla
of
Power Co., 312 F.3d 645, 649 (4th Cir. 2002) (internal quotation
marks and citation omitted).
unless
reasonable
nonmoving
party
on
jury
the
return
evidence
verdict
presented.
See
district
courts
judgment
on
any
ground
for
the
Anderson
v.
We may affirm
supported
by
the
record.
2006).
Under
the
ADEA,
it
is
illegal
for
an
employer
for
employees
to
29
who
are
discriminated
against
by
their
An
evidence
employers
that
adverse
the
employees
decision,
or
(2)
age
motivated
pretext
the
framework
Title
VII
cases.
E.E.O.C.
v.
Warfield-Rohr
Casket
Co.,
Inc., 364 F.3d 160, 163 (4th Cir. 2004); see also McDonnell
Douglas Corp. v. Green, 411 U.S. 792, 802 (1973).
In
his
pleadings
below,
Jones
asserted
that
the
Jones
entirely
failed
4
to
provide
any
evidence
of
conduct
or
statements
that
reflect
directly
the
alleged
Id.
order
Douglas
to
establish
framework,
an
Jones
ADEA
must
claim
first
under
the
demonstrate
class;
(2)
the
defendant[s]
provided
training
to
at
649-50
(setting
McDonnell
out
Douglas
Thompson, 312
framework
for
If Jones is
burden
legitimate,
then
shifts
the
non-discriminatory
to
prove
that
pretextual.
Id.
the
defendants
reason
for
to
articulate
their
defendants
proffered
failure
a
to
Jones must
justification
was
Id.
under
the
McDonnell
Douglas
doctrine.
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED