A federal judge has refused to dismiss an in-house lawyer’s discrimination suit against an insurance company after finding that the employer’s evidence of the lawyer’s poor job performance could also be seen by a jury as proof that he was “set up” to fail.

In the suit, attorney Ralph L. Herbst claims that the General Accident Insurance Co. discriminated against him due to his age and disability and because he complained when the company refused to promote a black lawyer to work as his assistant in managing the Philadelphia office.

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