Continued Acts Of Misconduct Make Employee No Longer ‘Similarly Situated’

When Clark County, Ohio terminated the probationary period of corrections officer Jocelyn Smith, she filed a lawsuit claiming that she was the victim of race discrimination. Smith, who is African-American, argued that she was treated differently than a similarly situated, white male probationary employee, Deputy Bryan Beller, who was caught downloading and viewing pornography on a computer at the Sheriff’s office. Deputy Beller’s employment was not terminated for this…

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