Among the themes of this column, consistency in applying work rules (along with documentation of the same), likely tops the list. Where there is evidence of inconsistency, a denial of summary judgment is likely to follow. Such was the case in the recent decision of Branch v. Temple University, No. 20-2323, 2021 U.S. Dist. LEXIS 151685 (E.D. Pa. Aug. 12, 2021) ((Kenney, J.).

Failure to Follow Policy

Stephen Branch, who is African American, was a roving engineer at Temple, responsible primarily for responding to maintenance calls and performing inspections of campus buildings.  Roving engineers record their work in logbooks or on an app.

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