William J. Miller v. Cigna Corporation the Insurance Company of North America

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal is before the court for rehearing in banc to clarify the proper standard for a jury charge in a pretext case alleging age discrimination.1

Defendant Insurance Company of North America (“INA”) terminated plaintiff William J. Miller from his job after fifteen years of employment.2 Miller alleges that he was discriminated against on the basis of his age in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-34.

At trial, the district judge instructed the jury that it could return a verdict for Miller only if he…