The analysis of whether employees are “similarly situated” often determines the success or failure of an employer’s defense to a claim of discrimination. The analysis should extend beyond superficial similarities in order to determine whether an employee can establish that his claim is viable. This was emphasized in the recent decision Fleet v. CSX Intermodal, No. 17-3562, 2018 U.S. Dist. LEXIS 120256 (E.D. Pa. July 18, 2018).

Seventeen Months of Employment

John Fleet worked for the freight-handling company CSX Intermodal Terminals, Inc. from November 2015 until his termination on March 3, 2017. Fleet is African-American and a diabetic.