“Recent case: Kent Neely, who is black, worked for the U.S. Postal Service handling mail. Neely, however, struggled with attendance; he was late or absent 83 times one year. When he was warned he could be terminated if his attendance didn’t improve, he filed a discrimination complaint, alleging his female supervisors were harassing him because he turned down their romantic overtures.
Shortly after, the post office fired Neely, and he sued.
But the court said he couldn’t prove that he had been terminated in retaliation for complaining or that anyone else with a poor attendance record had been treated more favorably. (Neely v. U.S. Postal Service, No. 08-1473, 3rd Cir., 2009)”