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supervisor is also insufficient to carry his burden. First, the district court granted
judgment as a matter of law as to Smith's failure to promote claim. Further, the jury could
not reasonably conclude that Smith was fired based upon the fact that Smith was not
promoted to the position of facilitator five years earlier. Finally, the allegedly false
statement concerning the need for a high school diploma was not relevant because it was
made nine years before Smith's termination.
Smith also tried to establish pretext under the third [*22] Manzer prong by
demonstrating that he was treated differently than similarly situated employees. This type
of evidence "consists of evidence that other employees, particularly employees not in the
protected class, were not fired even though they engaged in substantially identical
conduct to that which the employer contends motivated its discharge of the plaintiff."
Manzer, 29 F.3d at 1084. To be similarly situated, "the individuals with whom the
plaintiff seeks to compare his/her treatment must have dealt with the same supervisor,
have been subject to the same standards and have engaged in the same conduct without
such differentiating or mitigating circumstances that would distinguish their conduct or
the employer's treatment of them for it." Ercegovich, 154 F.3d at 352 (quoting Mitchell v.
Toledo Hosp., 964 F.2d 577, 583 (6th Cir. 1992)). Exact correlation is not required,
however. See id. Rather, "the plaintiff and the employee with whom the plaintiff seeks to
compare himself or herself must be similar in 'all of the relevant aspects.'" Ercegovich,
154 F.3d at 352 (quoting Pierce v. Commonwealth Life Ins. Co., 40 F.3d 796, 802 (6th
Cir. 1994)); [*23] see also Harrison v. Metro Government, 80 F.3d 1107, 1115 (6th Cir.
1996) (noting that "precise equivalence in culpability between employees" is not required
when comparing similarly situated, non-minority employees).
As evidence of dispar...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08