The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with full knowledge of their demographics. In other words, if the manager intended to discriminate against the plaintiff, they would not have hired them in the first place. Last month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) reversed dismissal of age discrimination claims filed by an employee who had been hired the previous year, apparently discounting the Same Actor Inference.

Lattinville-Pace v. Intelligent Waves LLC involved age and national origin discrimination claims made by a 67-year-old human resources professional. The district court dismissed the lawsuit, accepting the employer's arguments that it only hired the plaintiff the previous year, with full knowledge of her age and national origin.

The Fourth Circuit reversed the decision with regard to the age claims, and remanded the case for additional proceedings. Despite her recent hire, the court noted evidence introduced by the plaintiff indicating that she was replaced by a significantly younger and less qualified employee, and that the employer had recently terminated a number of employees in their 60s.

While the Same Actor Inference may raise questions over an employer's lack of discriminatory animus, it will not overcome other evidence of bias involved in employment decisions. Employers should not assume that they are immune from discrimination claims based on knowledge of the plaintiff's demographic characteristics when hired.

For more information, please contact me or your regular Parker Poe contact. You can also subscribe to our latest alerts and insights here.