By: WISCONSIN LAW JOURNAL STAFF//October 31, 2022//
7th Circuit Court of Appeals
Case Name: Andrew Dunlevy v. James Langfelder
Case No.: 21-3098
Officials: Ripple, Rovner, and Jackson-Akiwumi, Circuit Judges.
Focus: Racial Discrimination – Equal Protection
Dunlevy, a white man who worked as a utility water meter reader for the City of Springfield, sued Mayor James Langfelder and the City for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. Dunlevy compared himself to a black coworker, Tour Murray, who was not fired even though he started work late, left early, and took unauthorized hours-long breaks during his shift. At summary judgment, the district court ruled against Dunlevy because it concluded that the conduct at issue was so different that the men were not similarly situated, leaving Dunlevy unable to establish a prima facie case of disparate punishment. The court reverses because the district court drew too narrow a comparison: The two men are sufficiently similarly situated for Dunlevy to at least bring his claims to trial.
Decided 10/26/22