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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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4.700 McDonnell Douglas
Evidence of Pretext / Jury Question
4.740
Evidence of pretext
4.744 Disparate treatment
4.744.80 Employer's disciplinary practices may
change over time, which is not evidence of pretext
10th Circuit
In
Kendrick v. Penske Transp. Services, Inc., 220 F.3d
1220, 1234 (10th Cir. 2000), the court explained:
Employers' disciplinary practices necessarily change over
time, and it would be inappropriate for courts to penalize employers who
have modified their practices over a substantial period of time in an effort
to better address their business needs. See
Hardy v. S.F.
Phosphates Ltd. Co., 185 F.3d 1076, 1082-83 (10th Cir. 1999) (declining
to find pretext in an ADEA case where the plaintiff alleged that his
employer had previously disciplined younger employees less severely for
harassing their coworkers where the record reflected that the company "took
a more serious stance" against harassment following those events).
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