“[T]he district court compared [Plaintiff] to similarly situated employees within the same protected class—i.e., those with religious observances.  But, the proper comparators are ‘similarly situated employees outside the protected class.’”  Davis v. Fort Bend County, 2014 WL 4209371 at *6 (5th Cir. 2014) (Prado, J.) (emphasis added) (citing McCoy v. City of Shreveport, 492 F.3d 551, 556 (5th Cir. 2007) (per curiam)).  The court found evidence of religious discrimination by Plaintiff’s testimony that “[Defendant] permitted another employee time off to attend a Fourth of July parade the weekend of the move.”

Davis v. Fort Bend County, — F.3d –, 2014 WL 4209371, at *6 (5th Cir. Aug. 26, 2014) (Prado, J.).