In Ibrahim v. Alliance for Sustainable Energy, 2021 U.S. App. Lexis 11349, — F.3d — (10th Cir. April 20, 2021), the U.S. Court of Appeals for the Tenth Circuit explored what is needed to raise an inference of discrimination and show pretext in a Title VII claim based on an alleged failure to treat an employee similarly to other employees who had engaged in comparable conduct. The circuit court provided roadmaps for both plaintiff’s counsel seeking to establish a jury question on so-called “favoritism” claims and defense counsel seeking summary judgment on such claims.
Plaintiff Asserts ‘Favoritism’ Claims Based on Race, Religion, and Sex
Dr. Erfan Ibrahim, a Muslim man of Pakistani descent, served as an executive at Alliance for Sustainable Energy. Id. at *1. Alliance fired him after he made inappropriate comments to two women while he worked for Alliance.