An employee worked as Grounds Maintenance Superintendent for a country club. His job was eliminated and his case for age and race discrimination dismissed. The 10th Circuit reversed finding that whether the new job of Golf Course Superintendent was really the same job is a question for the jury.

Hispanic worker was not disciplined for the same offense. “Alleged theft of alcohol. . . is not the same as stealing money from a client’s gift table . . . [because] the latter can result in a significant loss of business.” Since the employees were not similarly situated they could not be used as comparators to support a race discrimination claim.

In order to attempt to prove discrimination with respect to a promotion, an African American CIA operations officer would have to disclose highly classified secrets. The state secrets doctrine was used to dismiss the case. The Court recognized the possibility of unfair consequences for individuals in order to protect the greater public good.

Health plans may not discriminate on the basis of sex. The District Court decided that “the law is no longer blind to the fact that only women can get pregnant, bear children or use prescription contraception.