In Peake v. Pennsylvania State Police, No. 15-2669, 2016 U.S. App. LEXIS 4712 (3d Cir. Mar. 15, 2016), the U.S. Court of Appeals for the Third Circuit provided helpful guidance on the factors to consider when determining whether individuals are similarly situated. In doing so, the decision reaffirms that the analysis requires a sharply focused, fact-intensive inquiry, which takes into account various factors, including the individuals’ job functions, supervisors and the specific deficiencies or misconduct alleged.
In 2009, William C. Peake, an African-American man, enlisted with the Pennsylvania State Police. Peake and other prospective troopers were required to complete an 18-month probationary period, consisting of six months of formal education at the Pennsylvania State Police Training Academy followed by a 12-month field training program. Peake successfully completed his six-month education term at the academy. When Peake graduated from the academy, he was one of four African-Americans in the 88-person cadet class.
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