(CN) – Frito-Lay did not discriminate against an employee when it fired him for using his saliva to wipe off the sell-by dates, a Texas appeals court ruled.
Kirk Cantu challenged the trial court’s dismissal of his employment discrimination complaint.
He argued that Sandra Casso, a younger female employee, was not fired for what he called an equal infraction when she shared personal information about a store manager on her route.
Justice Speedlin of the San Antonio-based court of appeals upheld the lower court’s ruling for Frito-Lay.
“Because their conduct was not nearly identical,” Speedlin ruled, “Cantu was not similarly situated to Casso for purposes of establishing discrimination based on disparate discipline.”