· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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