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Employee was not meeting employer's legitimate expectations.

Peele v. Country Mut. Ins. Co., 288 F.3d 319 (7th Cir. April 30, 2002) - This is a Title VII and ADEA wrongful termination action alleging sex and age discrimination. Patricia Peele was a claims support representative for Country Mutual. She was terminated after a long history of poor job performance. The district court skipped past the prima facie case and granted Country Mutual's motion for summary judgment on the basis that it offered a non-discriminatory reason for the termination. While the Seventh Circuit affirms, it is critical of the district court for skipping past the prima facie case. The Seventh Circuit holds that the evidence of poor job performance is so overwhelming that Peele failed to establish the second prong of the prima facie case (i.e., that she was meeting her employer's legitimate expectations). Alternatively, Peele argues that Country Mutual did not enforce those same legitimate expectations as strictly against male and against younger co-workers. If that were true, Peele could establish both the second and fourth prong of the prima facie case, but her evidence is insufficient. Click here to see actual case.