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During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably.
The Seventh Circuit concluded that a white man who was fired for effectively stealing from his employer was comparable to a black man with attendance issues. I told folks outside the Seventh Circuit to disregard this decision because I thought they got it wrong. But I never gave you any examples of cases upon which to rely instead. Well, let’s fix that today.