Carlyle Cline, age 42, was employed for 10 years by Roadway Express Company, most recently as a loading dock supervisor at a Roadway terminal in North Carolina. Cline had received periodic merit pay raises, and his personnel file contained an even amount of both complimentary and critical evaluations by supervisors. When R. W. Hass became vice president for Roadway's southern division, he decided that the division needed to "upgrade" the quality of its personnel. Hass directed terminal managers to "look at" employees who had been with the company for five years without being promoted and decide whether they should be replaced with higher-quality employees, preferably college graduates. Thus, the ultimate decision regarding "promotability" was left to the terminal managers. They were not told that they were not to consider age when determining promotability. After the announcement of the new policy, Cline was discharged and classified as "unpromotable."
The terminal manager compiled a list of negative comments from Cline's file as evidence that Cline was discharged for "poor work performance." Roadway immediately replaced Cline with a man in his early 30s.

Cline brought an action against Roadway under the Age Discrimination in Employment Act, claiming he was discharged "because of his age in violation of the Act." Roadway maintained that Cline was discharged because of poor work performance.

Has Roadway violated the ADEA? Decide. [Cline v. Roadway Express, 29 FEP 1365 (4th Cir.)]