How to identify the similarly situated – Eighth Circuit takes hard look at comparable employees

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Abstract: When looking to establish pretext for alleged racial discrimination, courts often look to “similarly situated” employees at the same organization. This article reviews a recent case that provides a good working example of this practice. A sidebar looks at a much earlier decision from the same appeals court regarding similarly situated employees. Austin v. Long, No. 14-2044, Feb. 23, 2015 (8th Cir.) E.E.O.C. v. Kohler Co., No. 02-2447, July 10, 2003 (8th Cir.)