context: For the reasons discussed in connection with Count 2, when these incidents are viewed in the context of the entire record, they are insufficient to support a reasonable inference that Plaintiffs' termination was motivated by his gender. There is simply no record evidence supporting an inference that similarly-situated others were treated more favorably based on their gender.
citation_a.signal: see also
citation_a.identifier: 1 F.Supp.3d 443, 451
citation_a.parenthetical: noting that the fourth prima facie element of a Title VII claim requires the plaintiff to show that similarly situated persons outside of the plaintiffs protected class were treated more favorably or that other circumstances in the case give rise to an inference of unlawful discrimination
citation_a.sentence: See Doe v. C.A.R.S. Prot. Plus, Inc., 527 F.3d 358, 366 (3d Cir.2008), order clarified, 543 F.3d 178 (3d Cir.2008) (noting that, for purposes of demonstrating the fourth element of a pri-ma facie employment discrimination case, “[t]he evidence most often used to establish this nexus [between the plaintiffs protected status and the adverse employment action] is that of disparate treatment, whereby a plaintiff shows that she was treated less favorably than similarly situated employees who are not in plaintiffs protected class”) (citing cases); see also McClung v. Songer Steel Servs., Inc., 1 F.Supp.3d 443, 451 (W.D.Pa.2014) (noting that the fourth prima facie element of a Title VII claim requires the plaintiff to show that similarly situated persons outside of the plaintiffs protected class were treated more favorably or that other circumstances in the case give rise to an inference of unlawful discrimination) (citing authority), Because Plaintiff has not established a prima facie case of gender discrimination under Title VII or the PHRA, his claims at Counts 7 and 9 are subject to summary judgment on that basis alone.
citation_b.signal: see
citation_b.identifier: 527 F.3d 358, 366
citation_b.parenthetical: noting that, for purposes of demonstrating the fourth element of a pri-ma facie employment discrimination case, "[t]he evidence most often used to establish this nexus [between the plaintiffs protected status and the adverse employment action] is that of disparate treatment, whereby a plaintiff shows that she was treated less favorably than similarly situated employees who are not in plaintiffs protected class"
citation_b.sentence: See Doe v. C.A.R.S. Prot. Plus, Inc., 527 F.3d 358, 366 (3d Cir.2008), order clarified, 543 F.3d 178 (3d Cir.2008) (noting that, for purposes of demonstrating the fourth element of a pri-ma facie employment discrimination case, “[t]he evidence most often used to establish this nexus [between the plaintiffs protected status and the adverse employment action] is that of disparate treatment, whereby a plaintiff shows that she was treated less favorably than similarly situated employees who are not in plaintiffs protected class”) (citing cases); see also McClung v. Songer Steel Servs., Inc., 1 F.Supp.3d 443, 451 (W.D.Pa.2014) (noting that the fourth prima facie element of a Title VII claim requires the plaintiff to show that similarly situated persons outside of the plaintiffs protected class were treated more favorably or that other circumstances in the case give rise to an inference of unlawful discrimination) (citing authority), Because Plaintiff has not established a prima facie case of gender discrimination under Title VII or the PHRA, his claims at Counts 7 and 9 are subject to summary judgment on that basis alone.