GIBSON v. AMERICAN BROADCASTING COMPANIES, INC.

No. 22, Docket 89-7286.

892 F.2d 1128 (1989)

David Leslie GIBSON, Ronald O. Hope, and Angelo Rios, Plaintiffs-Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., Robert Benson, Vice President, News & Sports, ABC Radio Network: Peter Flannery, General Manager of News Programming, ABC News Network; Richard Dressel, Domestic Assignments Manager, ABC Radio News Network; and Jeffrey Sprung, News Director, FM Radio News Network of American Broadcasting, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 22, 1989.


Attorney(s) appearing for the Case

Warner J. Bennia, New York City, for plaintiffs-appellants.

Philip M. Berkowitz, New York City (Rhonda J. Moll, Epstein Becker & Green, P.C., New York City, of counsel), for defendants-appellees.

Before FEINBERG and CARDAMONE, Circuit Judges, and METZNER, District Judge.


CARDAMONE, Circuit Judge:

On this appeal from judgments summarily dismissing appellants' complaints alleging discrimination in employment, the employer questions whether proof comparing appellants' performance with that of other employees is admissible. The old adage that comparisons are odious, because so often they are not pertinent — making one thing a standard for another which has no relation to it — is no less true today. Nevertheless, as a form...

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