Kendrick v. Penske Transportation Services, Inc.

How courts have described this case

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

• holding that “physically push[ing]” is more severe than “verbally abus[ing]”; thus, individuals engaging in these two types of conduct are not “similarly situated”
• concluding that factually distinguishable situations regarding the treatment of two similarly situated employees ne- gated a finding of pretext
• holding that differences in treatment that are explained by nondiscriminatory reasons will not sustain a claim of pretext
• holding that employees were not similarly situated, in part, because they “did not have the same immediate supervisor”
• holding that substantial differences between plaintiffs and other employee’s circumstances precluded a finding there was sufficient evidence to create a genuine issue of material fact concerning pretext
• holding that in discriminatory discharge cases, it is not necessary for a plaintiff to show that he was treated less favorably than those outside the protected class to satisfy prima facie burden

Source: CourtListener parenthetical corpus (CC0).