Employee failed to establish she was similarly situation to male employee in discrimination claim: EDUCATION CABINET V. SOLLY (SC 5/22/2008)

EDUCATION CABINET V. SOLLY
EMPLOYMENT:  DISCRIMINATION
2006-SC-000858-DG.pdf
PUBLISHED: REVERSING
OPINION BY NOBLE; SCHRODER NOT SITTING
FROM FRANKLIN COUNTY
DATE RENDERED: 5/22/2008

This case arises from an administrative appeal taken by Appellee, Donna Solly, against the Commonwealth of Kentucky Education Cabinet, formerly known as the Cabinet for Workforce Development, and the Kentucky Technical Education Personnel Board. Appellee was employed as a limited-status teacher at Caldwell Area Technology Center. Her employment was not renewed on August 22, 2002 after she was given notice in a non-renewal letter dated August 8, 2002. She alleges that her non-renewal was due to discrimination on the basis of sex. Because Appellee has not established that she was similarly situated to a male employee with whom she had previously had an affair, and because the reasons stated for her non-renewal are sufficiently non-discriminatory in any event, the Court of Appeals is reversed.

Mike Stevens, Ed.