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· 1/21/2014

Smothers v. Solvay Chemicals, Inc.

Citations

  • 740 F.3d 530
  • 29 Am. Disabilities Cas. (BNA) 6
  • 37 I.E.R. Cas. (BNA) 815
  • 2014 WL 211820
  • 2014 U.S. App. LEXIS 1092

How courts have described this case

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

  • concluding that ADA disability requires showing (i) an impairment (ii) substantially limiting (iii) a major life activity
  • noting that because the investigator did not “give Mr. Smothers a chance to explain or deny those allegations,” “[t]he decision makers ultimately relied on one-sided information”
  • explaining that the same decision-maker is critical because, otherwise, “[d]ifferences in disciplinary decisions may be explained by the fact that the discipline was administered by different supervisors” (quotation omitted)
  • “To be similarly situated to the plaintiff, the other employee must share the same supervisor or decision maker.”
  • “A failure to conduct what appeared to be a fair investigation of the violation that purportedly prompted adverse action may support an inference of pretext.” (quotations omitted)
  • “When comparing different treatment of similarly-situated employees, ‘the comparison 4 need not be based on identical violations of identical work rules; the violations need only be of comparable seriousness.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, McKay, Matheson

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.