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Disparate Treatment May Be Defense To Dishonesty Termination

The Town of West Bridgewater, Massachusetts terminated Daniel Desmond from the position of police officer for his “continued pattern of lying/perjury and conduct unbecoming a police officer.” The charges against him arose out of his relationship with a married woman referred to as Mrs. A. Ultimately, Mrs. A. completed an application for a restraining order against her husband. Desmond called the Brockton Police Department to obtain information about who…

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‘Disparate Treatment’ Requires Comparably-Situated Employees

Tomorrow Bush, an African-American corrections officer for Houston County, Alabama, sued the County for race and gender discrimination when she was fired for violating the jail’s use-of-force policy by unjustifiably pepper-spraying an inmate. At the heart of Bush’s discrimination claim was the contention that the County had treated similarly-situated white male employees more leniently. In dismissing Bush’s lawsuit, the federal Eleventh Circuit Court of Appeals ruled that an employee…

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