Wednesday, June 4th, 2008
9th Circuit on the “Similarly-situated” Test: Can This Be Right?
In holding that the plaintiff and another applicant were not “similarly-situated in all material respects,” the 9th Circuit relied, in part, on the fact that the other applicant was a friend of the decisionmaker:
Dove also failed to establish a prima facie <case because he could not show that similarly situated individuals not in his protected class […]
