In a disparate disciplinary punishment case, "the standard for comparing conduct requires a reasonably close resemblance of the facts and circumstances of plaintiff's and comparator's cases, rather than a showing that both cases are identical." Ruiz v. County of Rockland, #09-0759-cv, 2010 U.S. App. Lexis 13058 (2nd Cir.).
     Seattle's Public Safety Civil Service Commission overturns the termination of a police officer for untruthfulness; penalty reduced to a 30-day disciplinary suspension." There is evidence that employees in past cases involving dishonesty either received no suspension of duties or only temporary suspension of duties. ... To date, no other employee has been terminated based on dishonesty." Werner v. Seattle Police Dept., #09-006 (Seattle PSCSC 2010).
     Appellate court rejects a disciplinary bias claim. The appellant, a terminated black officer, "cited no examples of comparable employees who were similarly situated" that were treated more favorably. Greene v. City of Cincinnati, #C-070830, 2008 Ohio App. Lexis 4121 (1st Dist.).
     Fifth Circuit rejects a race discrimination and retaliation lawsuit brought by a terminated detention officer that was fired for slashing his supervisor's car tires following a low performance evaluation. He failed to allege a prima facie case of disparate treatment. Jackson v. Dallas County, #07-10818, 2008 U.S. App. Lexis 16417 (Unpub. 5th Cir.).
     Arbitrator finds that management lacked just cause to terminate an off-duty police officer for frequenting a bar that is a known hangout for gangs, where other officers also visited the premises without suffering disciplinary action. City of El Paso and Individual Grievant, AAA Case #70-390-00665-04, 124 LA (BNA) 1583 (Jennings, 2008).
     In a disparate discipline action, a higher-ranking officer may be treated more harshly. "It cannot be said that conduct that might be tolerated or treated with progressive discipline at lower ranks must be similarly accepted from the Chief's immediate advisors, who are held to a higher level of professionalism and who are expected to set the standard of conduct for the department." Rioux v. City of Atlanta, #07-11657, 2008 U.S. App. Lexis 5683 (11th Cir.).
     Former police recruit was unable to show that his removal from a preservice training program for assaulting another recruit was pretextual, despite his claim that three recruits attacked him first, but were not punished. Management articulated nondiscriminatory reasons for disbelieving the plaintiff. Turner v. Federal Law Enforcement Training Center, #04c-0606, 2007 U.S. Dist. Lexis 91558, 102 FEP Cases (BNA) 856 (D.D.C.).
     Appellate court revives a sex discrimination / wrongful termination action filed by a female civilian police employee that was fired for passing out in a stranger's parked car while intoxicated; she showed that several male co-workers were not fired after being involved in alcohol-related incidents. Johnson v. Olmsted Township, #89194, 2007-Ohio-6487, 2007 Ohio App. Lexis 5680, 102 FEP Cases (BNA) 482 (8th Dist.).
     Arbitrator reinstates a civilian jail worker that was fired for failing to report his arrest at a retail store; another worker received only a 15-day suspension for not reporting two, so that a 10-day suspension is appropriate here. Cook County/Sheriff and SEIU L-73, 123 LA (BNA) 1674 (Wolff, 2007).
     Appellate court sustains the termination of a Chicago police officer that worked as part-time as a security guard for a school district while on medical leave. "... the fact that different individuals have been disciplined differently is not a basis for concluding that an agency's disciplinary decision is unreasonable; such conclusions are appropriate when individuals receive different discipline in a single, identical, "completely related" case." Siwek v. Police Bd. of Chicago, #1-05-3273, 2007 Ill. App. Lexis 729 (1st Dist.).
     Federal appeals court affirms termination of a police officer that watched a fellow officer lose control of his patrol car, spin, and jump a curb; she neither stopped to check on the officer nor sought assistance. Although a male officer drove by the scene without realizing that a collision had occurred was not disciplined, the appellant was fired because she failed to render aid to a fellow officer. Sullivan v. Vil. of McFarland, #06-3231, 2007 U.S. App. Lexis 10961 (Unpub. 7th Cir., 2007), affirming 457 F.Supp.2d 909 (W.D. Wis.).
     Eleventh Circuit rejects the claims of a terminated, probationary, port authority communications officer that failed to appear for work during a hurricane alert and took her daughter to another city. All probationary employees that did not report for work were fired, and permanent employees were suspended or demoted. The plaintiff failed to prove that other employees were treated more favorably because of their race. Catanzaro v. Lyons, #06-16225, 2007 U.S. App. Lexis 9365 (11th Cir.).
     Appellate court affirms the termination of a federal employee for misuse of a vehicle and falsification of official travel documents. He slept in his government vehicle and submitted fabricated hotel receipts. The panel rejected the defense that "everyone in the Weather Service that has traveled has included false information on their travel vouchers." Mullings v. Dept. of Commerce, #06-3284, 2007 U.S. App. Lexis 10648 (Unpub. Fed. Cir.).
     California appellate court rejects a disparate treatment argument raised by a demoted jail supervisor. An appellant "may not rely on errors by fellow employees to excuse her own" and absent a showing of racial or sex discrimination, "there is no requirement that charges similar in nature must result in identical penalties." Kolender v. San Diego County Civil Serv. Cmsn., #D048919, 2007 Cal. App. Lexis 501 (4th Dist.).
     EEOC concurs with a Merit Board finding that the agency did not discriminate against the petitioner on the basis of his race (African-American) or sex (male) when it terminated him for improperly claiming "head of household" status on his tax returns. Ledbetter v. Dept. of the Treasury, MSPB #CH-0752-05-0551-I-1, 2006 M.S.P.B. 218, 2006 MSPB Lexis 3761 (MSPB 2006); Ledbetter v. Paulson, EEOC Petition No. 03a60111 (2006). {N/R}
     Ohio appellate court reinstates an arbitrator's award, reducing a penalty from termination to a 40-hour suspension. After a suspect was Maced, he died while confined in an unventilated police car. The grievant failed to wash the suspect's face or keep him under observation. City of Cincinnati v. Queen City L-69 FOP (Caton), #C-050143,164 Ohio App.3d 408, 2005 Ohio 6225, 842 N.E.2d 588, 2005 Ohio App. Lexis 5601 (App. 1st Dist.); appeal denied, 2006 Ohio 1703, 2006 Ohio Lexis 873 (Ohio 2006). [2006 FP Sep]
     New Mexico Supreme Court agrees with hearing officer that a discovery request made by a lieutenant facing disciplinary action was too broad. The accused officer asked for five years of records for all disciplinary sanctions. Archuleta v. Santa Fe Police Dept., #28,630, 137 N.M. 161, 108 P.3d 101 (2005). {N/R}
     Arbitrator sustains the termination of a firefighter who had been drinking alcohol at home during a hurricane alert, and was unable to report for callback duty. A racial discrimination charge was rejected, because the grievant had been offered a prehearing penalty reduction, which he refused. City of Lauderhill and Metro Broward Prof. Firefighters, 121 LA (BNA) 1035, AAA Case #32-390-00887-04 (Duda, 2005). [2006 FP Mar]
     Arbitrator upholds the firing of an officer for repeatedly using disrespectful and intemperate language to a superior. To prove disparate punishment, it is not enough that others received a lesser penalty for insubordination, unless there is evidence of the "degree of fault, mitigating circumstances, length of service, and work record" of other employees. City of Alton and PBPA #14, 121 LA (BNA) 1288, FMCS Case 05/53832 (Pratte, 2005). [2006 FP Mar]
     Federal appeals court rejects a reverse-discrimination claim that a white officer was fired for misconduct when a black officer was not fired for similar behavior. The white officer had a long disciplinary record, and the black officer did not. Ballance v. City of Springfield Police Dept., #04-3410, 424 F.3d 614, 96 FEP Cases (BNA) 988, 2005 U.S. App. Lexis 20066 (7th Cir. 2005). [2006 FP Feb]
     Federal appeals court overturns a jury verdict given a N.Y. court officer who was disciplined for allegedly pointing a firearm at a janitor and then denying doing so. Neilson v. d'Angelis, #03-9074, 409 F.3d 100, 2005 U.S. App. Lexis 9642, 22 IER Cases (BNA) 1864 (2nd Cir. 2005). {N/R}
     Two white California police officers are awarded over $2.4 million because the discipline they received, after a widely-seen videotape of their arrest of a black teenager, was found discriminatory. A black officer involved in the incident had received lesser punishment. Morse v. Inglewood, L.A. Co. Super. Ct., #BC290309, 43 (2095) G.E.R.R. (BNA) 164 (Verdict Jan. 18, 2005). [2005 FP Apr.]
     Oregon appeals court upholds a discriminatory treatment claim of a probation officer who was fired, decertified, and denied a favorable employment recommendation for having an intimate relation with a probationer. A male officer was allowed to resign, was not decertified and was promised a favorable job recommendation. Gibson v. Douglas County, #A122383, 106 P.3d 151, 2005 Ore. App. Lexis 91 (Ore. App. 2005). {N/R}
     Federal court rejects attempt to set aside the firing of a detective who had planned with an informant to rip off drug dealers. Instances where non-black officers had received lesser penalties were not similar. Mizell v. Miami-Dade County, #03-21156-CIV, 342 F.Supp.2d 1084, 2004 U.S. Dist. Lexis 21718 (S.D.Fla. 2004). [2005 FP Mar]
     Police officer who was fired for engaging in a scheme to obtain illegal access to satellite television, failed to prove discriminatory action. Although other officers were involved in the scheme, his conduct was the most severe and his allegations of disparate discipline did not establish a pretextual termination because he is Hispanic. Salguero v. City of Clovis, #03-2120, 366 F.3d 1168, 2004 U.S. App. Lexis 8931, 93 FEP Cases (BNA) 1281 (10th Cir. 2004). {N/R}
     Illinois Labor Board declines to interfere with disciplinary action against officers who did not report outside earnings on their tax returns. There was no proof of union bias, and "the fact that [the officers] were more active members of the [union] is a mere coincidence." Metrop. Alliance of Police #165 and Vil. of Bensenville, #S-CA-00-197, 18 PERI (LRP) 2076, 2003 PERI (LRP) Lexis 1 (ILRB 2003). [2004 FP Jan]
     Arbitrator sustains the termination of an officer, who had a prior disciplinary offense, of neglect of duty and false reporting. He was sitting in a remote area outside his patrol zone on the graveyard shift, did not see his sergeant arrive for 20 minutes, and then falsely claimed he was only there a short period while on a meal break. The union's attempt to show disparate punishment failed. The other three cases involved a resignation; a last chance agreement for a 19 year veteran; and first-time discipline against the third officer. Management had no duty to conduct an I-A investigation where a sergeant saw the misconduct and there were no witnesses who had not been interviewed. City of Cooper City and Broward Co. PBA, 118 LA (BNA) 842, FMCS Case #020814/04630-3 (Hoffman, 2003). [2003 FP Nov]
     Arbitrator finds disparate treatment; management did not have just cause to suspend a detention officer who left several cell doors unlocked, where the officer who reported the infraction only did so because he had been instructed to write up everything she did, and did not report another officer who also left cell doors open. Lewis County and Teamsters L-252, Case #16946-A-02-1385, 118 LA (BNA) 685 (Ables, 2003). {N/R}
     Court refuses to overturn an arbitration award that rejected the punishment of an off-duty corrections officer that illegally possessed TV cable decoders, a misdemeanor. Rhode Island Dept. of Corrections v. Bro. of Correctional Officers (Algasso), #02-1793, 2002 R.I. Super. Lexis 156 (Super. Ct. Providence 2002). [2003 FP Jul]
     Federal court dismisses a civil rights suit filed by an ex-police officer who alleged that she was subjected to I-A investigations, criminal charges, and a psychological fitness test because of her gender. She failed to adduce any evidence of bias or bad motives. Zandhri v. Dortenzio, #3:99CV1776, 228 F.Supp.2d 167, 2002 U.S. Dist. Lexis 21048 (D.Conn. 2002). [2003 FP Mar]
     Federal appeals court upholds the forced retirement of a black Agent in Charge who had more than 100 complaints against him, including sexual harassment, retaliation, racial favoritism and soliciting petty bribes. Grayson v. O'Neil, #01-3160, 308 F.3d 808, 2002 U.S. App. Lexis 22352, 90 FEP Cases (BNA) 165 (7th Cir. 2002). [2003 FP Feb]
    Seventh Circuit rejects comparative evidence of disparate disciplinary action, where the coworkers were supervised by different superiors. Snipes v. IL Dept. of Corrections, #01-3148, 2002 U.S. App. Lexis 9728 (7th Cir.). [2002 FP Aug]
     Federal appeals court affirms the termination of an unmotivated black trooper who failed to spell correctly, even though he was not given remedial tutoring but an unsuccessful white trooper was tutored. Kidd v. Illinois State Police, #97-2835, 2002 U.S. App. Lexis 724 (Unpublished order, 7th Cir.), affirming 138 F.Supp.2d 1047, 2001 U.S. Dist. Lexis 8162 (N.D. Ill. 2001).  [2002 FP Apr]
     Fifth Circuit reverses a jury verdict for a white ex-deputy who hit a wounded black suspect with a flashlight. The fact other officers were not fired for similar use of force incidents is irrelevant unless they were not white. McKenzie v. Lee, 00-30179, 246 F.3d 494, 2001 U.S. App. Lexis 5630, 85 FEP Cases (BNA) 1184 (5th Cir.). [2001 FP 121-2]
     Black prison hearings officer presented sufficient evidence of differential treatment to send his disparate discipline claim to a jury. Perry v. McGinnis, #98-1607, 2000 U.S. App. Lexis 6684, 209 F.3d 597, 2000 FED App. 0133P, 52 FEP Cases (BNA) 1009, 17 IER Cases (BNA) 1003 (6th Cir.). [2001 FP 122-3]
     Black prison hearings officer presented sufficient evidence of differential treatment to send his disparate discipline claim to a jury. Perry v. McGinnis, 2000 U.S. App. Lexis 6684, 209 F.3d 597, 2000 FED App. 0133P, 52 FEP Cases (BNA) 1009, 17 IER Cases (BNA) 1003 (6th Cir.).
     Federal appeals court affirms termination of a black officer for having sex with an inmate, even though a white officer was only reprimanded for kissing an inmate, and racist remarks were made by coworkers. English v. Colo. Dept. of Corr., #99-1452, 248 F.3d 1002, 85 FEP Cases (BNA) 981, 2001 U.S. App. Lexis 7645 (10th Cir.). [2001 FP 74]
     Complaints of sabotaged work, threats and false accusations are sufficient allegations to warrant a jury trial on her gender discrimination and wrongful-termination lawsuit. Raniola v. Bratton, #00-7215, 243 F.3d 610, 2001 U.S. App. Lexis 4904, 85 FEP Cases (BNA) 882 (2nd Cir.). [2001 FP 75]
     Eighth Circuit rejects gender bias in a trooper termination lawsuit. Patrol supervisors documented her deficiencies and she lacked sufficient evidence of discriminatory treatment. Genosky v. Minn. Dept. of Public Safety, #99-4277, 244 F.3d 989, 2001 U.S. App. Lexis 5407 (8th Cir.). [2001 FP 75]
     Federal appeals court dismisses a damage suit because of corrective memos placed in a black police officer's file. He was not disciplined and lost no benefits. Davis v. Town of Lake Park, #00-10305, 245 F.3d 1232, 85 FEP Cases (BNA) 788, 2001 U.S. App. Lexis 4564 (11th Cir.). [2001 FP 75]
     Even if a minority officer, lawfully taking prescription codeine, was unfairly fired for suspected illegal drug use, his suit for disparate treatment must fail if the statistics do not show that a significant number of minorities were terminated for drug abuse. Bettis v. Safir, 2000 U.S. Dist. Lexis 13285, 84 FEP Cases (BNA) 1306 (Unpub. S.D.N.Y.). [2001 FP 11]
     Minority police officer who was terminated after assaulting his wife, claimed that his termination was because of his race and also he suffered from depression. The court rejected the complaint, finding that he was fired because of his behavior, not his race or disability. Christopher v. N.Y. City Police Dept., 2000 U.S. Dist. Lexis 10605 (Unpub. S.D.N.Y.). {N/R}
     Court upholds a discrimination commission finding that a corrections officer was fired because she was a black female; management punished whites and males less severely. Conn. Dept. of Correction v. Cmsn. on Human Rights, #CV990497891S, 2000 Conn. Super. Lexis 2887 (Hartford Dist.). [2001 FP 19-20]
     City was entitled to a summary judgment on a race discrimination claim. Management showed that the plaintiff's performance as a probationary police officer was marginal and turbulent, and was unable to prove that non-minority officers were disciplined less severely. Johnson v. City of Elgin, #99 C 8288, 2001 U.S. Dist. Lexis 15836 (N.D. Ill. 2001). {N/R}
     Federal court dismisses a suit filed by a black corrections officer who was discharged for neglecting her official duties and lying about the incident. She was unable to identify any similarly situated employee, white or black, who was treated differently. Sistrunk v. Neumann, 2000 U.S. Dist. Lexis 14691, 83 FEP Cases (BNA) 1287 (S.D. Fla. 2000). {N/R}
     To prove a disparate impact claim, a Caucasian law enforcement officer claiming to have been terminated because of his race must demonstrate that he was treated more harshly than comparable non-Caucasian officers. McKenzie v. Lee, #00-30179, 2001 U.S. App. Lexis 16083; Rehearing granted July 20, 2001, at 2001 U.S. App. Lexis 16797; Opin. of Apr. 5, 2001 withdrawn, reported at 246 F.3d 494, 2001 U.S. App. Lexis 5630 (5th Cir.). {N/R}
     In a disparate discipline claim, a minority employee who was fired for fighting with another employee was not similarly situated with employees who had threatened other employees. Braithwaite v. Timken, #99-3188, 258 F.3d 488, 2001 U.S. App. Lexis 15964, 2001 FED App. 0227P, 86 FEP Cases (BNA) 404 (6th Cir.). {N/R}
     Jury finds that a black federal officer, fired for speeding violations, was more severely punished because of his race; $570,000 awarded. Breaux v. Rubin, #EP-98-458-M, 43 ATLA L.Rptr. 218 (W.D. Tex. 2000). [2000 FP 150]
     Federal appeals court upholds NYPD's Commissioner for terminating two minority officers who secretly had their precinct mascot euthanized. Collazo v. City of N.Y., #99-7967, 2000 U.S. App. Lexis 6120 (2nd Cir.). [2000 FP 86]
     Appeals court rejects claims of a woman who was expelled from the FBI academy for having a romantic involvement with an instructor, even though the male instructor received only a 20-day suspension. Holbrook v. Reno, #98-5462, 196 F.3d 255, 1999 U.S. App. Lexis 30623, 82 FEP Cases (BNA) 21 (D.C. Cir.). [2000 FP 22-3]
     Appeals court supports the claim of a black correctional officer who was discharged along with two white correctional officers as result of a use of force incident but was not rehired after the white officers were reinstated. Boston (City of) v. Mass. Cmsn. Agnst. Discr., #97-P-1635, 47 Mass. App. Ct. 816, 717 N.E.2d 259, 1999 Mass. App. Lexis 1083, 81 FEP Cases (BNA) 47. {N/R}
     White county employee was lawfully discharged after admitting theft of $10 even though a black employee who took county funds for personal use was not fired. Black employee never confessed to theft. Abel v. Dubberly, 210 F.3d 1334, 2000 U.S. App. Lexis 8249, 82 FEP Cases (BNA) 1407 (11th Cir. 2000). {N/R}
     Federal appeals court rejects bias claim of Milwaukee officers who were disciplined for their inaction when they encountered serial killer Jeff Dahmer. Appellants failed to prove white officers were disciplined more severely than minority officers. Balcerzak v. City of Milwaukee, #98-1602, 163 F.3d 993, 78 FEP Cases (BNA) 1512, 1998 U.S. App. Lexis 31236 (7th Cir.). Also see 993 F.Supp. 1213 (E.D. Wis. 1998) and 980 F.Supp. 983 (E.D. Wis. 1997). [1999 FP 20-21]
     Arbitrator annuls a 3-day suspension for profanity and excessive force. Other corrections officers had not been disciplined for using similar language and the alleged victim of improper force did not cooperate in the internal investigation. Scott Co. and Law Enf. Lab. Srv., 109 LA (BNA) 666 (Daly, 1997). [1998 FP 36-7]
     Arbitrator annuls a disciplinary suspension for obscene language. used over the telephone. There was evidence others, including officers of higher rank, often swore and were not disciplined. Maplewood and Law. Enf. Labor Serv., 108 LA (BNA) 572 (Daly, 1996). [1997 FP 119]
     Appeals court affirms damages of $290,000 awarded to an Hispanic detective who was fired for overzealousness while an Anglo officer received only a reprimand. Polanco v. City of Austin, 78 F.3d 968 (5th Cir. 1996). [1996 FP 120]
     Federal appeals court affirms termination of sheriff's officers that gave Nazi salutes and shouted German expressions. Termination was appropriate because the appellants held leadership positions. Pruitt v. Howard Co. Sheriff's Dept., 1996 U.S. App. Lexis 1266 (Unrptd., 4th Cir.). [1996 FP 86-7]
     EEOC concludes that a supervisor's order that a morbidly obese employee lose weight constituted "blatant and unjustified disparate treatment" in violation of Sec. 501 of the Rehabilitation Act of 1973. Kellus v. Runyon, Appeal #01933281, 1997 EEOPUB Lexis 2098 (EEOC 1994).{N/R}
     Federal appeals court affirms a $200,655 award given a black deputy because of discriminatory disciplinary action. Steverson v. Goldstein, 24 F.3d 666 (5th Cir. 1994); cert.den., 115 S.Ct. 731. [1995 FP 60-1]
     Appellate court sustains termination of an officer who struck an arrestee with a flashlight. Evidence that other officers were disciplined less severely is inadmissible. Chelf v. Civil Serv. Cmsn., 515 N.W.2d 353 (Iowa App. 1994). [1995 FP 53-4]
     Federal court refuses to dismiss a disparate punishment suit. Sheriff discharged the black deputy and only reprimanded a white deputy after both neglected to report for a secondary job assignment. Hogan v. McCrary, 62 FEP Cases (BNA) 1048 (M.D.N.C. 1993). [1993 FP 172-3]
     Federal court in DC enjoins U.S. Marshal's Office from unfair disciplinary action and religious or ethnic harassment directed at Jewish deputy. Turner v. Barr, 811 F.Supp. 1 (D.D.C. 1993). [1993 FP 28]
     Pretextual termination of town's only black officer, after he complained of discrimination, stated a cause of action for racial discrimination. Young v. Town of Fallsburg, 774 F.Supp. 205 (S.D.N.Y. 1991). [1993 FP 12]
     It was not discriminatory treatment to terminate a black probationary officer who called another black officer a "black mother fucker" in public. Hatcher v. Greater Cleveland R.T.A., 746 F.Supp. 679 (N.D. Ohio 1989); aff'd w/o opinion, 911 F.2d 732 (6th Cir. 1990).
     Black police officer recovers $70,000 for unwarranted discipline and assignment discrimination. Harris v. City of Albuquerque, U.S. Dist. Ct., 18 Pers. Inj. Verdict Rev. 3, JV #100 (D.N.M. 1987).
     Federal court rejects "unequal punishment" argument; sustains termination of firefighter when others only cautioned. Phillips v. Merit Systems Protn. Bd., 666 F.Supp. 109 (E.D. Tex. 1987).
     Justice Dept. brings suit against sheriff and county alleging discriminatory treatment, unwarranted disciplinary action and wrongful termination of black deputy. United States v. Holmes Co., Fla. (N.D. Fla. 1987). DoJ Release #87-308.
     Failure to adequately discipline white officers for similar offenses is a valid defense to termination proceedings. Jones v. City of Alton, 757 F.2d 878 (7th Cir. 1985).
     Federal appeals court rejects claim that black police officer was demoted for racial reasons. Moore v. City of Charlotte, 754 F.2d 1100 (4th Cir. 1985).
     Black firefighter could sue for termination when white firefighters received more lenient treatment for misconduct. Williams v. City of Montgomery, 731 F.2d 739 (11th Cir. 1984).
     Sex scandal ex-cop gets $12,500 for due process violations. Suspension overturned for disparate punishment. Carino v. Courtney (D. Conn. 1984).
     Failure to discipline others no defense to accused; unexcused absences in small department justified termination. Albert v. Bd. of Fire and Police Cmsnrs., 425 N.E.2d 1160 (Ill.App. 1981).
     Allegations of "disparate treatment" will not prevent termination of black employee for just cause; Treasury Department also threatened loss of revenue sharing funds. Jones v. Civil Serv. Cmsn. of Alton, 399 N.E.2d 256 (Ill.App. 1979).