Sid Steinberg of Fisher Broyles Inconsistent Discipline Supports Discrimination and FMLA Claim
Among the themes of this column, consistency in applying work rules (along with documentation of the same), likely tops the list. Where there is evidence of inconsistency, a denial of summary judgment is likely to follow.
September 07, 2021 at 12:18 PM
6 minute read
Among the themes of this column, consistency in applying work rules (along with documentation of the same), likely tops the list. Where there is evidence of inconsistency, a denial of summary judgment is likely to follow. Such was the case in the recent decision of Branch v. Temple University, No. 20-2323, 2021 U.S. Dist. LEXIS 151685 (E.D. Pa. Aug. 12, 2021) ((Kenney, J.).
Failure to Follow Policy
Stephen Branch, who is African American, was a roving engineer at Temple, responsible primarily for responding to maintenance calls and performing inspections of campus buildings. Roving engineers record their work in logbooks or on an app.
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