Religion discrimination

“[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,

“[P]laintiff arranged for a substitute who voluntarily agreed to work [Plaintiff]’s shift that Sunday…. With a volunteer substitute available, [Defendant] would not have had to incur any cost requiring an employee to substitute for [Plaintiff], nor would [Defendant] necessarily be left short-handed.”  Davis v. Fort Bend County, 2014 WL 4209371 at *7 (5th Cir.

“A showing of sincerity, however, does not require proof that the July 3rd church event was itself a true religious tenet, but only that [Plaintiff] sincerely believed it to be religious in her own scheme of things.”  Davis v. Fort Bend County, 2014 WL 4209371 at *4 (5th Cir. 2014) (Prado, J.) (citing Moussazadeh