· 4/3/2002
Roger Forrest v. Kraft Foods, Inc.
Citations
- 285 F.3d 688
- 2002 U.S. App. LEXIS 5939
- 82 Empl. Prac. Dec. (CCH) 41,091
- 88 Fair Empl. Prac. Cas. (BNA) 823
- 2002 WL 496448
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff was not similarly situated when the plaintiff had a history of similar violations and this was the other employee’s first such violation
- plaintiff not similarly situated when plaintiffs disciplinary record was more serious than the compared employees
- plaintiff not similarly situated when plaintiff's disciplinary record was more serious than the compared employees
- “[A] nonmoving party may not rest upon mere denials or allegations, but must instead set forth specific facts sufficient to raise a genuine issue for trial.”
- evidence of disparate treatment can support assertion of pretext, but comparable employee must have been similarly situated to plaintiff in all relevant respects; comparator was not similarly situated where plaintiff did not show “comparable disciplinary history”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowman, Arnold, Wollman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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