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Merritt v. Old Dominion Freight Line Inc., 4th Circ., No. 09-1498, April 9, 2010.

Articles Discussing Case:

Inconsistent administration of physical ability test can create a triable question of intentional discrimination.

Ogletree Deakins • May 03, 2010
The 4th U.S. Circuit Court of Appeals has reversed a lower court’s summary judgment in favor of an employer who required a female employee to take a physical ability test after an on-the-job injury, even though it did not require such a test for similarly situated male employees.