Relying on recent U.S. Court of Appeals for the Second Circuit precedent, a federal judge said that it is up to a jury to assess the comparability of Bridgeport’s female probationary officer and permanent male officers and whether they were similarly situated for purposes of establishing sex discrimination.

Female probationary officer Agata Kotapka was fired following an internal investigation that revealed she was “unfit for service” after she admitted to failing to report several probation violations of Brien Pennell, a registered sex offender who lived with her. Kotapka allowed Pennell to use her laptop “approximately 20 to 30 times,” knowing that he was not permitted to without permission from his probation officer, according to an order filed April 22 in U.S. District Court for the District of Connecticut.

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