The Sixth Circuit's recent decision in Ondricko v. MGM Grand Detroit, No 10-2133 (August 8, 2012), which was discussed in a recent post, Admission That Employment Decision Was Made To "Maintain Racial Balance" Is Direct Evidence of Discrimination, also addressed the employer's argument that it had treated a least one other similarly-situated male employee the same as the plaintiffa woman, the argument being essentially that the employer also fired a male employee over similar conduct so it should be off the hook for the plaintiff's sex discrimination claim. The Sixth Circuit rejected this argument:
... given the four similarly situated male employees who were not terminated based on similar conduct, MGM cannot defeat the inference of a discriminatory motive with one comparator who was treated similarly.
The Sixth Circuit's opinion was written by Judge Jane Stranch joined by Judge Boyce Martin and Judge Cornelia Kennedy.
