B. Leibensperger v. Carpenter Technologies, Inc. t/a Carpenter Technology Corp.

DISSENTING OPINION BY

JUDGE COHN JUBELIRER

I agree with the Majority’s conclusion that Bruce Leibensperger (Appellant) met his prima facie case of sex discrimination by producing evidence showing the disparate treatment of his co-worker Jackie Berk by Carpenter Technologies, Inc. (Employer). However, because I believe that the evidence presented, if admissible at trial, is not sufficient for Appellant to meet his burden of proving that Employer’s proffered justification for its action was pretext for illegal discrimination, I, respectfully, dissent.

*1080Central to my disagreement with the Majority…