HAYES v. PENKOSKI

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that plaintiff is not limited to the “similarly situated” method to show circumstances suggesting race discrimination
• noting that a plaintiff may show race discrimination by proving that the plaintiff was replaced by a person of another race or by using the “similarly situated” method
• providing that under the ELCRA, “[a]n employer’s differing treatment of employees who were similar to the plaintiff in all relevant respects, except for their race, can give rise to an inference of unlawful discrimination”
• providing that a plaintiff must establish but-for causation
• affirming “but for causation” or “cause in fact” causation under the ELCRA
• “[O]ur cases have held that the ‘comparable’ employees must be ‘nearly identical’ to the plaintiff in all relevant respects.”

Source: CourtListener parenthetical corpus (CC0).