In a recent case, (Coffman v. Alvin Community College, No. G-11-361, SD TX, 2015), Patricia, a part-time college instructor over age 40, taught two courses per semester. After enrollment fell, one of her courses was canceled. She sued for age bias, citing as comparators several younger instructors whose schedules hadn’t been cut.
But those younger instructors taught substantially different courses that apparently were more in demand. Patricia thus couldn’t show that they were similarly situated. As a result, she lost her case. (Coffman v. Alvin Community College, No. G-11-361, SD TX, 2015) The Court stated, "Although there is no dispute that Mrs. Coffman engaged in protected activity by filing a charge of discrimination with the EEOC, her claim fails because she cannot demonstrate that ACC's decision to abate her grievance was an adverse employment action. "
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