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Decision by Committee Does Not Insulate Employer from Potential Liability for FMLA or ADA Claims
Wolters Kluwer Law & Business
Feb. 14, 2014 "The court rejected the employer's contention that the comparators cited by the employee as having been treated more favorably were not similarly situated because different decision-makers were involved.... The district court erred by 'insisting that the composition of the decision maker groups be precisely the same in every relevant disciplinary decision,' the Tenth Circuit found. 'We disagree because there is more than enough overlap to conclude the employees identified here were similarly situated.' " [Smothers v. Solvay Chemicals, Inc., No. 12-8013 (10th Cir. Jan. 21, 2014)] MORE >> |
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