· 3/15/2004
Otha Wheeler v. Aventis Pharmaceuticals
Citations
- 360 F.3d 853
- 2004 U.S. App. LEXIS 4783
- 93 Fair Empl. Prac. Cas. (BNA) 641
- 2004 WL 485023
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating the standard to be “whether the employees are involved in . . . the same or similar conduct and are disciplined in different ways.”
- employees are similarly situated when they are involved in or are accused of same conduct, and are disciplined differently
- employees' misconduct, which involved sexually offensive comments and gestures, was not the same as plaintiff's, which involved offensive sexual contact
- test whether employees are similarly situated is rigorous at pretext stage
Source: CourtListener parenthetical corpus (CC0).
Judges: Melloy, Arnold, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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