Allen v. St. Cabrini Nursing Home, Inc.

1 Citing case

  1. ANDY v. UNITED PARCEL SERVICE INC.

    CIVIL ACTION NO. 02-8231 (E.D. Pa. Oct. 24, 2003)   Cited 5 times
    Finding an absence of discriminatory animus where plaintiff was treated the same as similarly situated, younger employees

    To show individuals to be similarly situated in all relevant respects, the Second Circuit held that it must be shown that others "engaged in comparable conduct." Shumway v. United Parcel Service, Inc., 118 F.3d 60, 64 (2d Cir. 1997); see also Alien v. St. Cabrini Nursing Home, Inc., 198 F. Supp.2d 442, 450 (S.D.N.Y. 2002) ("other employees are deemed similarly situated to plaintiff only where they are subject to the same workplace standards and have been disciplined for conduct of comparable seriousness."); Lanear v. Safeway Grocery. 843 F.2d 298, 301 (8th Cir. 1988) (holding that "similarly situated" requires a showing "that the other employee's acts were of `comparable seriousness' to [plaintiff's] own infraction"). In Shumway. the court held this to require the plaintiff to show that others engaged in similar behavior, involving "a long term relationship, harassing behavior and lying."