A plaintiff must produce direct evidence of a stated discriminatory purpose or indirect evidence with sufficient probative force to reflect a genuine issue of material fact.
An employee sued his former employer for age discrimination under the ADEA after being terminated for allegedly using company resources to build a personal doghouse. The plaintiff sought to prove discrimination through both ordinary principles of proof and a judicially created proof scheme. To prevail under ordinary principles, a plaintiff must produce direct evidence of a stated discriminatory purpose or indirect evidence with sufficient probative force to reflect a genuine issue of material fact. Under the alternative proof scheme, a plaintiff must show they were replaced by someone outside the protected age class. Because the plaintiff was replaced by an older individual and failed to provide sufficient circumstantial evidence of intent, the court granted summary judgment for the employer.
At page 848 Establishing prima facie case for age discrimination206 citing cases“must produce direct evidence of a stated purpose to discriminate and/or indirect evidence of sufficient probative force to reflect a genuine issue of material fact.”
- Whittaker v. Howard Cnty., No. 1:21-cv-02108 (D. Md. Aug. 17, 2023).([t]he plaintiff’s own naked opinion, without more, is not enough to establish a prima facie case of discrimination.)
- Buckmaster v. Nat'l R.R. Passenger Corp., No. 1:19-cv-03203, 2022 WL 1081947 (D. Md. Apr. 11, 2022).(Goldberg’s own naked opinion, without more, is not enough to establish a prima facie case of age discrimination.)
- Davitt v. Virginia-Maryland Reg'l Coll. of Veterinary Med., No. 7:19-cv-00456 (W.D. Va. Mar. 15, 2021).([Plaintiff]'s own naked opinion, without more, is not enough to establish a prima facie case of… discrimination.)
- Harvey Fertilizer & Gas Co. v. Strickland Farms of Green Sea, Inc., No. 4:17-cv-02740 (D.S.C. Sept. 25, 2019). (Conclusory assertions that Green’s state of mind and motivation are in dispute are not enough to withstand summary judgment.)
- Stoyanov v. Winter, 643 F. Supp. 2d 4 (D.D.C. 2009).published
- Nguyen v. Dalton, No. 95-2269 (4th Cir. Aug. 20, 1996).unpublished([Plaintiff's] own naked opinion, without more, is not enough to establish a prima facie case of age discrimination.)
- Reeves, No. 8:23-cv-02017 (D. Md. Sept. 24, 2026).(concluding that plaintifP's own)
- Delsonya Wilkins-Bailey v. Essity Prof'l Hygiene North Am., LLC, No. 25-1992 (4th Cir. Aug. 31, 2026).published Green & Co., 836 F.2d 845, 848 (4th Cir. 1988)).
- Kathleen Stanley McCaffery v. Fairfax Cnty., No. 1:23-cv-00965 (E.D. Va. May 14, 2026).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988).
- Hagans, No. 8:23-cv-01973 (D. Md. Mar. 17, 2026).Goldberg v. Green, 836 F.2d 845, 848 (4th Cir. 1998); Anderson v. Westinghouse Savannah River Co., 406 F.3d 248, 271 (4th Cir. 2005) (holding that an employee “cannot establish pretext by relying on criteria of her own choosing when the em…
Show 181 more citing cases
- A.S.C. v. Samantha St. Clair, No. 5:24-cv-00072 (W.D. Va. Jan. 8, 2026).Green and Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988)).
- Buck v. Modine Mfg. Co., No. 6:23-cv-00039 (W.D. Va. Mar. 31, 2025).Green and Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988).
- Bentahar v. Towson Univ., No. 1:23-cv-01551 (D. Md. Feb. 11, 2025). (plaintiff’s own opinions and conclusory allegations do not have sufficient “probative force to reflect a genuine issue of material fact)
- Hood-Wilson v. Bd. of Trs. of the Cmty. Coll. of Baltimore Cnty., No. 1:20-cv-00124, 2024 WL 4893641 (D. Md. Nov. 26, 2024). Green & Co., 836 F.2d 845, 848 (4th Cir. 1988); see also Foreman v. Weinstein, 485 F. Supp. 2d 608, 612 (D.
- Bomar v. Bd. of Educ. of Harford Cnty., No. 1:21-cv-00870 (D. Md. Sept. 6, 2024).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Jackson v. Whelan Event Staffing Servs., Inc., No. 8:24-cv-00072 (D. Md. July 19, 2024).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988).
- Ryan v. Mayorkas, No. 1:23-cv-01364 (D. Md. July 12, 2024).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Hollis v. Morgan State Univ., No. 1:19-cv-03555 (D. Md. May 10, 2024).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Starr v. Dep't of the Air Force, No. 8:22-cv-02029 (D. Md. Mar. 27, 2024).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988); see also Foreman v. Weinstein, 485 F. Supp. 2d 608, 612 (D.
- Herkert v. Kijakazi, No. 1:22-cv-03139, 2024 WL 1050831 (D. Md. Mar. 11, 2024).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988); Foreman v. Weinstein, 485 F. Supp. 2d 608, 612 (D.
- Kaufman v. Toro, No. 8:20-cv-00983 (D. Md. Mar. 5, 2024).Green and Co., 836 F.2d 845, 848 (4th Cir. 1988)) (holding plaintiff’s “naked opinion, without more” cannot establish a prima facie case of discrimination).
- Gandolfo v. Avis Budget Grp., Inc., No. 1:22-cv-00246 (D. Haw. Jan. 29, 2024).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988).
- Gough v. Allied Universal, No. 8:22-cv-01176 (D. Md. Sept. 11, 2023).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Humphreys v. Rowan-salisbury Bd. of Educ., No. 1:21-cv-00432 (M.D.N.C. Mar. 29, 2023).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988) (citations omitted).
- Jackson v. Sprint/United Mgmt. Co., 633 F. Supp. 3d 741 (D. Md. 2022).published Green & Co., 836 F.2d 845, 848 (4th Cir. 1988)).
- Smith v. Del Toro, No. 1:21-cv-01406 (E.D. Va. Sept. 1, 2022).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988).
- O'Reilly v. Del Toro, No. 8:20-cv-00490 (D. Md. Aug. 25, 2022).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Berger v. Baltimore Cnty., No. 1:22-cv-00064, 2022 WL 2116867 (D. Md. June 13, 2022).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)). 3 Plaintiff also alleges discrimination claims under the MFEPA.
- Jackson v. Sprint/United Mgmt. Co., 599 F. Supp. 3d 314 (D. Md. 2022).publishedGreen & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988)) (alteration in original); Mackey v. Shalala, 360 F.3d 463 , 469-70 (4th Cir. 2004) (“A plaintiff’s own self-serving opinions, absent anything more, are insufficient to establish a prima…
- Salmoiraghi v. Veritiss, LLC, No. 1:19-cv-01405 (E.D. Va. Apr. 6, 2022).Green and Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988).
- Lee v. Mkt. Am., Inc., No. 1:18-cv-01046 (M.D.N.C. Feb. 16, 2022).(plaintiff’s own opinions and conclusory allegations do not have sufficient “probative force to reflect a genuine issue of material fact)
- Thompson v. CSX Transp., Inc., 582 F. Supp. 3d 355 (S.D. W. Va. 2022).published(finding that the plaintiff’s “own naked opinion, without more” is not enough to establish a prima facie case, and that “conclusory assertions” about the employer’s “state of mind and motivation are in dispute are not en…)
- Palmer v. Liberty Univ., Inc., No. 6:20-cv-00031 (W.D. Va. Dec. 10, 2021).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988).
- Ferguson v. Town of Riverdale Park, No. 8:20-cv-03574 (D. Md. Dec. 1, 2021).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Chambers v. Wake Forest Univ. Baptist Med. Ctr., No. 1:19-cv-01229 (M.D.N.C. Nov. 3, 2021).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988).
- Atemkeng v. Doctors' Hosp., Inc., No. 8:19-cv-00806 (D. Md. Oct. 13, 2021). Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988) (brackets existing)).
- Towers Watson & Co. v. Nat'l Union Fire Ins. Co. Pittsburgh, PA, No. 1:20-cv-00810 (E.D. Va. Oct. 5, 2021).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988).
- Corneal v. McCurdy, No. 1:19-cv-03393 (D. Md. Sept. 15, 2021). Green and Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988)).
- Shalati v. Callisto Integration, Inc., No. 3:20-cv-00211 (E.D. Va. June 3, 2021).Green & Co., Inc., 836 F.2d 845, 848 (4th Cir. 1988)).
- BNT AD Agency, LLC v. City of Greensboro, 837 F. App'x 962 (4th Cir. 2020).unpublishedGreen and Co., 836 F.2d 845, 848 (4th Cir. 1988)).
- Barbee v. Isothermal Cmty. Coll., No. 1:18-cv-00267 (W.D.N.C. Oct. 19, 2020).(stating that a plaintiff could prove discrimination with “direct evidence of a stated purpose to discriminate)
- Fiscus v. City of Greensboro, No. 1:18-cv-01010 (M.D.N.C. Sept. 14, 2020). Green & Co., 836 F.2d 845, 848 (4th Cir. 1988)).
- Watson v. Grayson Cnty. Sch. Bd., No. 7:18-cv-00545 (W.D. Va. Aug. 10, 2020).Green & Co., 836 F.2d 845, 848 (4th Cir. 1988); see also Rayyan v. Va. Dep’t of Transp., 719 F. App’x 198 , 202 (4th Cir. 2018).
- Fay Cole v. Fam. Dollar Stores of Maryland, 811 F. App'x 168 (4th Cir. 2020).unpublished(stating that a plaintiff could prove discrimination with “direct evidence of a stated purpose to discriminate)
- Henry v. Vaughn Indus., LLC, 450 F. Supp. 3d 671 (E.D.N.C. 2020).publishedGreen & Co., 836 F.2d 845, 848 (4th Cir. 1988).
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- Nerenberg v. RICA, 750 A.2d 655 (Md. Ct. Spec. App. 2000).published
- Holifield v. Reno, 115 F.3d 1555 (11th Cir. 1997).published
- Morgan v. Fed. Home Loan Mortg. Corp., 328 F.3d 647 (D.C. Cir. 2003).published
- Guinness PLC Guinness Am., Inc. v. Thomas Joseph Ward, 955 F.2d 875 (4th Cir. 1992).published
- Equal Emp. Opportunity Comm'n v. Clay Printing Co., 955 F.2d 936 (4th Cir. 1992).published
- David B. Stiles v. Gen. Elec. Co., 986 F.2d 1415 (4th Cir. 1993).unpublished
- Ronald K. Drewitt v. Fred L. Pratt Pizza Hut of Am., Inc., 999 F.2d 774 (4th Cir. 1993).published
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- Hy Nguyen v. John Dalton, 94 F.3d 642 (4th Cir. 1996).unpublished
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At page 847 Establishing prima facie case for age discrimination under ADEA51 citing casesTo meet his burden [on a summary judgment motion] under ordinary principles of proof, [Plaintiff] must produce direct evidence of a stated purpose to discriminate and/or circumstantial evidence of sufficient probative force to reflect a genuine issue of material fact
- Bass v. City of Wilson, 155 F.R.D. 130 (E.D.N.C. 1994).published(To meet his burden [on a summary judgment motion] under ordinary principles of proof, [Plaintiff] must produce direct evidence of a stated purpose to discriminate and/or circumstantial evidence of sufficient probative…)
- Lambeau v. Grand Island Express, Inc., No. 3:23-cv-00438 (S.D. W. Va. July 16, 2024).Green Co., 836 F.2d 845, 847 (4th Cir. 1988).
- McGill v. Koros, LLC, No. 1:20-cv-03191, 2023 WL 2664229 (D. Md. Mar. 28, 2023).Green and Co., 836 F.2d 845, 847 (4th Cir. 1988).
- Ashanti v. City of Richmond Sch. Bd., No. 3:21-cv-00494, 2023 WL 1110300 (E.D. Va. Jan. 30, 2023).(affirming the district court’s grant of summary judgment for the employer when the plaintiff presented only his opinion that his employer had discriminated against him on the basis of age)
- Robert Richey Pfeifer v. Lever Bros. Co., 850 F.2d 689 (4th Cir. 1988).unpublished
- James E. Hall v. Automated Mach. Sys., Inc., 875 F.2d 315 (4th Cir. 1989).unpublished
- Patricia S. Mammay v. J. Arthur Dosher Mem'l Hosp., 885 F.2d 865 (4th Cir. 1989).unpublished
- Hugh D. Glymph v. C.F. Sauer Co., 896 F.2d 546 (4th Cir. 1990).unpublished
- Carol Guinn v. Elec. Data Sys., Inc., 946 F.2d 885 (4th Cir. 1991).unpublished
- William Sailor v. Hubbell, Inc. Pulse Commc'ns, Inc., & Pulsecom Div., Hubbell, Inc., William Sailor v. Hubbell, Inc. Pulse Commc'ns, Inc., & Pulsecom Div., Hubbell, Inc., 4 F.3d 323 (4th Cir. 1993).published
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- Thomas F. Curry v. E-Sys., Inc., 72 F.3d 126 (4th Cir. 1995).published
- Dickens v. MCI Telecomm. Corp., 78 F.3d 578 (4th Cir. 1996).unpublished
- Don E. Denio v. Asplundh Tree Expert Co., 92 F.3d 1177 (4th Cir. 1996).unpublished
- John R. Yarnevic v. Brink's, Inc., 102 F.3d 753 (4th Cir. 1996).published
- DeNio v. Asplundh Tree Expert, No. 95-1904 (4th Cir. July 30, 1996).unpublished
- Johnson v. Toys "R" Us-Delaware, Inc., 95 F. App'x 1 (4th Cir. 2004).unpublished
- Brumback v. Callas Contractors, Inc., 913 F. Supp. 929 (D. Md. 1995).published
- Riggle v. CSX Transp., Inc., 755 F. Supp. 676 (D. Md. 1991).published
- Douglas v. PHH FleetAmerica Corp., 832 F. Supp. 1002 (D. Md. 1993).published
- Edwards v. Norfolk S. Corp., 872 F. Supp. 277 (W.D. Va. 1994).published
- Taylor v. Brown, 928 F. Supp. 568 (D. Md. 1995).published
- Parker v. Geneva Enter., Inc., 997 F. Supp. 706 (E.D. Va. 1997).published
- Shore v. AW Hargrove Ins. Agency, Inc., 873 F. Supp. 992 (E.D. Va. 1995).published
- Caussade v. Brown, 924 F. Supp. 693 (D. Md. 1996).published
- Guinn v. Elec. Data Sys., Inc., 752 F. Supp. 713 (S.D. W. Va. 1990).published
- Conkwright v. Westinghouse Elec. Corp., 739 F. Supp. 1006 (D. Md. 1990).published
- Samuel v. Williamsburg-James City Cnty. Sch. Bd., 540 F. Supp. 2d 667 (E.D. Va. 2008).published
- Ullman v. Rector & Visitors of Univ. of Virginia, 996 F. Supp. 557 (W.D. Va. 1998).published
- Rachelson v. Sec'y, U.S. Dep't of Health & Human Servs., 834 F. Supp. 879 (D. Md. 1993).published
- Greely v. Clairol, Inc., 687 F. Supp. 1002 (D. Md. 1988).published
- Nerenberg v. RICA, 750 A.2d 655 (Md. Ct. Spec. App. 2000).published
- McGovern v. Transamerica Ins. Fin. Corp., 854 F. Supp. 393 (D. Md. 1993).published
- Selman v. Am. Sports Underwriters, Inc., 697 F. Supp. 225 (W.D. Va. 1988).published
- Garrow v. Economos Props., Inc., 406 F. Supp. 2d 635 (E.D. Va. 2005).published
- Starks v. Albemarle Cnty., 716 F. Supp. 934 (W.D. Va. 1989).published
- Obi v. Anne Arundel Cnty., 142 F. Supp. 2d 655 (D. Md. 2001).published
- Lewis v. City of Virginia Beach Sheriff's Off., 409 F. Supp. 2d 696 (E.D. Va. 2006).published
- Harris v. Maryland House of Corr., 209 F. Supp. 2d 565 (D. Md. 2002).published
- Malina v. Baltimore Gas & Elec. Co., 18 F. Supp. 2d 596 (D. Md. 1998).published
- Moore v. Bd. of Educ. for Talbott Cnty., 63 F. Supp. 2d 667 (D. Md. 1999).published
- Davis v. Durham Mental Health Developmental Disabilities Substance Abuse Area Auth., 320 F. Supp. 2d 378 (M.D.N.C. 2004).published
- Khan v. Popeyes of Maryland, Inc., 179 F. Supp. 2d 548 (D. Md. 2002).published
- Shields v. Dep't of Navy, 428 F. Supp. 2d 453 (E.D. Va. 2006).published
- Harris v. Rumsfeld, 428 F. Supp. 2d 460 (E.D. Va. 2006).published
- Oleyar v. Cnty. of Durham, 336 F. Supp. 2d 512 (M.D.N.C. 2004).published
- Sailor v. Hubbell, Inc., 4 F.3d 323 (4th Cir. 1993).published
- Moser v. Driller's Serv., Inc., 988 F. Supp. 2d 559 (W.D.N.C. 2013).published
- White v. Runyon, 887 F. Supp. 875 (E.D. Va. 1995).published
- Collins v. Allied-Signal, Inc., 128 F.R.D. 643 (E.D. Va. 1989).published
At page 849 Establishing prima facie case requirements for age discrimination claims26 citing casesage discrimination context
- Taylor v. Brown, 928 F. Supp. 568 (D. Md. 1995).published
- White v. Runyon, 887 F. Supp. 875 (E.D. Va. 1995).published
- Reed v. Buckeye Fire Equip. Co., 422 F. Supp. 2d 570 (W.D.N.C. 2006).published
- Samuel Millner, Jr. v. Fieldcrest Mills, Inc., 915 F.2d 1565 (4th Cir. 1990).unpublished
- Kathleen L. Webster v. Sec'y of the Army, 922 F.2d 837 (4th Cir. 1991).unpublished
- Lester C. McLawhorn v. John W. Daniel & Co., 924 F.2d 535 (4th Cir. 1991).published
- Dorothy T. Hill v. Quantum Resources Corp., 940 F.2d 652 (4th Cir. 1991).unpublished
- Roger M. Marks v. Klein & Hoffman, Inc., 948 F.2d 1281 (4th Cir. 1991).unpublished
- Malethu T. Mathew v. Virginia Union Univ., 958 F.2d 368 (4th Cir. 1992).unpublished
- Lurenda Featherstone v. United Parcel Servs., Inc., 56 F.3d 61 (4th Cir. 1995).published
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- Emilie S. Frazier v. Lloyd M. Bentsen, 92 F.3d 1178 (4th Cir. 1996).unpublished
- Frazier v. Bentsen, No. 95-1290 (4th Cir. Aug. 8, 1996).unpublished
- Riley v. Technical & Mgmt. Servs. Corp., 872 F. Supp. 1454 (D. Md. 1995).published
- Toth v. Square D Co., 712 F. Supp. 1231 (D.S.C. 1989).published
- Gries v. Zimmer, Inc., 742 F. Supp. 1309 (W.D.N.C. 1990).published
- Saunders v. Stone, 758 F. Supp. 1143 (E.D. Va. 1991).published
- X Corp. v. Doe, 816 F. Supp. 1086 (E.D. Va. 1993).published
- Goodship v. Univ. of Richmond, 860 F. Supp. 1110 (E.D. Va. 1994).published
- Grooms v. Mobay Chem. Corp., 861 F. Supp. 497 (D.S.C. 1991).published
- Fobian v. Storage Tech. Corp., 959 F. Supp. 742 (E.D. Va. 1997).published
- Leonard v. Gould, Inc., 744 F. Supp. 1398 (D. Md. 1990).published
- Equal Emp. Opportunity Comm'n v. Marion Motel Assocs., 763 F. Supp. 1338 (W.D.N.C. 1991).published
- Equal Emp. Opportunity Comm'n v. Somerset Cnty. Bd. of Educ., 788 F. Supp. 249 (D. Md. 1991).published
- Lake v. V.I. Water & Power Auth., 875 F. Supp. 283 (D.V.I. 1994).published
- Jason v. Baptist Hosp., 882 F. Supp. 578 (E.D. Tex. 1995).published
- Andrews v. Virginia Polytechnic Inst. & State Univ., No. 7:18-cv-00281 (W.D. Va. Feb. 12, 2020).
v.
B. Green and Company, Inc.
Barry Goldberg appeals from the district court’s order granting B. Green and Company, Inc.’s motion for summary judgment. We agree with the district court that appellant presented insufficient evidence of age discrimination to withstand summary judgment, and therefore affirm the judgment of the court below. [1]
I.
B. Green and Company, Inc. (Green) is a family-owned and -operated food wholesaler and distributor. In 1959, Green hired Barry Goldberg (Goldberg) as a tabulator operator. Goldberg worked for Green for the next 23 years, eventually assuming a managerial position as “Director of Store Engineering.”
In April 1978, after he became Director of Store Engineering, Goldberg suffered a heart attack and, as a result of his illness, missed a total of approximately five and one-half months of work. After Goldberg eventually returned to work in November 1978, he apparently performed his duties satisfactorily for several years thereafter.
In October 1982 a dispute arose which precipitated the termination of Goldberg’s employment by Green. Green had retained an independent contractor, Robert Riffey, to make various repairs and modifications at its main plant. In addition to these services, pursuant to Goldberg’s instructions, Riffey also built a doghouse for Goldberg’s pet. Believing that the doghouse had been built at the expense of the company and with company materials, Ber[*847] nard Green, president of Green, fired Goldberg. [2]
At the time he was terminated, Goldberg was fifty years old. Green subsequently filled Goldberg’s position from within the company by promoting Martin Snyder, who was then fifty-six years old.
On November 15, 1982, approximately two weeks after he was fired, Goldberg filed a charge of age discrimination with the Maryland Commission on Human Relations (Commission). The Commission investigated the charge and, on August 24, 1983, issued its findings, concluding that Green had not substantiated its claim that Goldberg had violated a company policy by having Riffey build the doghouse. The Commission appears to have reached that conclusion primarily on the basis of evidence submitted by Goldberg which tended to show that he had paid Riffey for the job. Based on its conclusion that Green had failed to “provide[] a supported, business related factor for the discharge,” the Commission found “probable cause to believe [that Green] discriminated against [Goldberg] in violation of Article 49B of the Annotated Code of Maryland.”
On February 17, 1984, Goldberg filed suit in the United States District Court for the District of Maryland, alleging that Green had terminated him because of his age, in violation of Goldberg’s rights under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1982 & Supp. Ill 1985). Goldberg also alleged that Green’s actions had violated Maryland laws against age discrimination. See Md.Code Ann. art. 49B, § 16 (1986).
Upon the completion of discovery, the district court granted Green’s motion for summary judgment, noting that Goldberg had produced no direct or circumstantial evidence of age discrimination other than his own conclusory opinion. The court also referred to the fact that Goldberg was replaced by someone also within the class of persons protected by the ADEA. See 29 U.S.C. § 631(a). Therefore, the court held, Goldberg could not make out a prima facie case of age discrimination by using the “rebuttable presumption” method of proof established by McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and its progeny. The district court also dismissed Goldberg’s pendent state claims in view of its summary judgment grant in favor of Green as to Goldberg’s federal claims.
II.
In reviewing a grant of summary judgment, our inquiry is essentially the same as that undertaken by the district court, namely, whether the moving party, Green, has shown “that there is no genuine issue as to any material fact and that [it] is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). Green’s burden may be discharged by demonstrating that “there is an absence of evidence to support the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986).
To establish a cause of action under the ADEA, Goldberg must prove, inter alia, that, but for Green’s motive to discriminate against him because of his age, he would not have been fired. See Lovelace v. Sherwin-Williams Co., 681 F.2d 230, 238 (4th Cir.1982), quoting from Spagnuolo v. Whirlpool Corp., 641 F.2d 1109, 1112 (4th Cir.), cert. denied, 454 U.S. 860, 102 S.Ct. 316, 70 L.Ed.2d 158 (1981). [3]
Goldberg can prove that age was a determining factor in his termination in one of two ways:
[The plaintiff] may meet [his] burden “under ordinary principles of proof by any direct or indirect evidence relevant to and sufficiently probative of the issue.” ... Alternatively, [he] may rely on the judicially created proof scheme for Title[*848] VII cases ... which has been adapted for application in ADEA litigation.
EEOC v. Western Electric Co., Inc., 713 F.2d 1011, 1014 (4th Cir.1983) (citations omitted). The district court concluded that Goldberg had not produced enough evidence of discrimination to maintain his action under either method of proof. We agree.
A.
To meet his burden under ordinary principles of proof, Goldberg must produce direct evidence of a stated purpose to discriminate and/or circumstantial evidence of sufficient probative force to reflect a genuine issue of material fact. Cf. Lovelace, 681 F.2d at 240 (discussing burden in directed verdict context). As the district court noted, Goldberg has failed, after having been afforded full discovery, to produce any evidence of age discrimination. Goldberg’s own naked opinion, without more, is not enough to establish a prima facie case of age discrimination. See Locke v. Commercial Union Ins. Co., 676 F.2d 205, 206 (6th Cir.1982) (per curiam); Kittredge v. Parker Hannifin Corp., 597 F.Supp. 605, 609-10, 610-11 (W.D.Mich.1984). Conclusory assertions that Green’s state of mind and motivation are in dispute are not enough to withstand summary judgment. See Zoby v. American Fidelity Co., 242 F.2d 76, 80 (4th Cir.1957).
On appeal, Goldberg urges us to consider certain pieces of circumstantial evidence from which he claims a jury could infer age discrimination. Specifically, he argues that the Commission’s “probable cause” findings, Green’s hiring of an unnamed younger employee, and the incredible nature of Green’s stated reason for firing him are enough to establish his case, at least on a prima facie basis.
With respect to the Commission’s probable cause findings, we note that while Green filed in the court below a motion in limine to exclude the Commission’s findings from admission into evidence at trial, the district court had not ruled on that motion at the time it granted summary judgment. Therefore, for purposes of this appeal, we assume that the Commission’s findings constituted admissible evidence. [4] But even after making that assumption, we must conclude that the Commission’s findings are not sufficiently probative to create a genuine issue of material fact about Green’s intent to discriminate on the basis of age. The Commission’s report merely repeats facts which Goldberg himself alleges elsewhere in this case, and then states in conclusory fashion that those facts reflect age discrimination. Such findings, standing alone, are not enough to salvage Goldberg’s claim. Cf. Johnson v. Yellow Freight System, Inc., 734 F.2d 1304, 1309 (8th Cir.), cert. denied, 469 U.S. 1041, 105 S.Ct. 525, 83 L.Ed.2d 413 (1984) (EEOC findings not sufficiently probative when they merely restate facts independently presented to the jury and where the finding by the EEOC of discrimination was otherwise conclusory).
As additional evidence of discriminatory intent, Goldberg also offers to prove that in 1984, some two years after Goldberg was fired, Green hired an as yet unnamed employee who was outside the age group protected by the ADEA, see 29 U.S.C. § 631(a), to perform some of Goldberg’s former duties. [5] Goldberg did not present that information to the district court by affidavit, as he was required to do in order to withstand a motion for summary judgment. See Celotex, 106 S.Ct. at 2553. In fact, at the time the district court granted summary judgment, Goldberg had not disputed the fact that Green had promoted a man older than Goldberg to take Goldberg’s place. In short, a conclusory proffer not made until after appeal is noticed is simply too little too late to enable Goldberg to avoid summary judgment.
[*849] Finally, Goldberg contends that he is entitled to introduce as part of his prima facie case evidence which rebuts Green’s stated reason for dismissing him. Goldberg argues that Green’s reasons for firing him are “so incredibly outrageous” that a genuine issue of material fact exists as to whether Green intended to discriminate against him. Appellant’s Brief at 12. [6]
While that type of evidence may tend to demonstrate that Green’s termination of Goldberg was arbitrary, it does not reflect any intent to discriminate on the basis of age. Goldberg cannot avoid summary judgment in this case simply by refuting Green’s non-age-related reasons for firing him. “There is no automatic presumption that every termination of an employee between the ages of 40 and 70 results in a violation of the [ADEA].” Locke, 676 F.2d at 206. To permit Goldberg to maintain his case based on the aforementioned rebuttal evidence would create exactly such a presumption, thereby “plac[ing] on employers a burden which Congress never intended.” Id.
B.
Because it is difficult to prove discriminatory intent under ordinary principles of proof, a “judicially created proof scheme for Title VII cases” may be “properly adapted” to the requirements of an ADEA case. Lovelace, 681 F.2d at 239. Our prior opinions plainly indicate that in order to invoke the benefit of that alternative proof scheme, a plaintiff in Goldberg’s shoes must meet four specific requirements:
(1) the plaintiff is in the protected age group; (2) the plaintiff was discharged or demoted; (3) at the time of discharge or demotion, the plaintiff was performing his job at a level that met his employer’s legitimate expectations; and (4) following his discharge or demotion, the plaintiff was replaced by someone of comparable qualifications outside the protected class.
Western Electric, 713 F.2d at 1014 (emphasis added; citations omitted).
In the instant case, Goldberg can meet those first two requirements. See supra note 3. But even assuming that Goldberg also can meet the third requirement, i.e., that his performance was satisfactory at the time he was discharged, Goldberg cannot meet the final requirement. As the district court concluded, there is no dispute over the fact that Goldberg was replaced by the fifty-six-year-old Martin Snyder, a man well within the class of persons which the ADEA protects, and also six years older than Goldberg. Because Goldberg cannot meet the fourth requirement, he cannot make out a prima facie case of age discrimination under the alternative proof scheme. [7]
III.
Finally, Goldberg complains that the district court should not have dismissed Goldberg’s pendent state claims arising under Md.Code Ann. art. 49B. Having decided to dismiss Goldberg’s claims of age discrimination under federal law, the district court was entirely correct simultaneously to dismiss Goldberg’s state-law claims. See United Mine Workers v. Gibbs, 383 U.S. 715, 725-27, 86 S.Ct. 1130, 1138-40,16 L.Ed.2d 218 (1966); Hicks v. Southern Maryland Health Systems Agency, 737 F.2d 399, 405 (4th Cir.1984).
Accordingly, the judgment of the district court is affirmed in all respects.
AFFIRMED.
. Appellee B. Green and Company, Inc. moved for leave to file a supplemental appendix. We can see no prejudice to appellant Goldberg if we grant that motion, and therefore hereby do so.
. Goldberg claims that he paid Riffey out of his own pocket for the time and materials Riffey used to construct the doghouse.
. Goldberg must also prove that he is protected by the ADEA, and has "suffered an unfavorable employment action.” Lovelace, 681 F.2d at 238. Plaintiffs can usually prove these two elements without any trouble, see id. at 239, and, indeed, that is the case here.
. While the admission of such findings is within the discretion of the district court, see Cox v. Babcock and Wilcox Co., 471 F.2d 13, 15 (4th Cir.1972) (relying on Smith v. Universal Services, Inc., 454 F.2d 154, 160 (5th Cir.1972) (Dyer, J., dissenting)), such findings may be more prejudicial than probative. Smith, 454 F.2d at 160-61 (Dyer, J., dissenting).
. The statutorily protected class consists of persons between the ages of forty and seventy.
. For example, Goldberg offers evidence to document his allegations that he paid for the doghouse which Riffey built, despite Green’s accusation to the contrary.
. The fact that Goldberg cannot go forward under the proof scheme discussed in Part 11(B) does not in any way mean that, for that reason, Goldberg may not meet his burden under ordinary principles of proof. However, in this case, for the reasons set forth in Part 11(A) of this opinion, Goldberg has not met that burden.