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Controlling Who Is (and Is Not) “Similarly Situated” Can Control a Discrimination Case

One of the key analyses in any discrimination lawsuit is whether the plaintiff is "similarly situated" to those whom he or she claims the employer treated more favorably. If the plaintiff can establish disparate treatment of those "similarly situated," he or she can make out a...

Courts inch closer to recognizing sexual orientation as a protected class

The Ohio Bell Telephone Company fired Plaintiff Jason Koren after he missed work for his father's funeral. Koren suspected that Ohio Bell really fired him because he's homosexual and took his husband's last name. He sued for gender discrimination. Did the court: a) grant Ohio Bell's motion...