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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.