U.S. Court of Appeals for the Fourth Circuit
Robert Whittaker, III v. Howard County, Maryland
August 20, 2026
Summary
The court affirmed summary judgment for Howard County on Whittaker's ADEA age-discrimination claim. Applying de novo review and the McDonnell Douglas framework, it held that Whittaker did not establish a prima facie case because the record showed he was not meeting the Department's legitimate expectations regarding practical firefighting performance and conduct. The court therefore did not reach the remaining prima facie elements, pretext, or the effect of the alleged age-related comments.