Patrick Perkins v. Brigham & Women's Hosp. & George H. Kaye, 78 F.3d 747 (1st Cir. 1996). · Go Syfert
Patrick Perkins v. Brigham & Women's Hosp. & George H. Kaye, 78 F.3d 747 (1st Cir. 1996). Cases Citing This Book View Copy Cite
“the proponent of the evidence must show that the individuals with whom he seeks to be compared have 'engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer's treatment of them for it”
160 citation events (107 in the last 25 years) across 21 distinct courts.
Strongest positive: Valentin v. Town of Natick (mad, 2022-09-27)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Valentin v. Town of Natick
D. Mass. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
while an exact correlation is not necessary, the proponent must demonstrate that the cases are 'fair congeners.
discussed Cited as authority (verbatim quote) Lopez-Rosario v. Programa Seasonal Head Start/Early Head Start de la Diocesis de Mayaguez
D.P.R. · 2017 · quote attribution · 1 verbatim quote · confidence high
pples should be compared to apples.
examined Cited as authority (verbatim quote) Monday v. Potter (2×) also: Cited as authority (rule)
D.N.H. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the proponent of the evidence must show that the individuals with whom he seeks to be compared have 'engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer's treatment of them for it
discussed Cited as authority (verbatim quote) Patrick v. Ridge
5th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
it is true that an employer's proffered justification must be based on information that it knew and relied upon at the time it decided to take the adverse employment action.
discussed Cited as authority (verbatim quote) Lee v. President & Fellows of Harvard College
Mass. App. Ct. · 2004 · quote attribution · 1 verbatim quote · confidence high
n employer's proffered justification must be based on information that it knew and relied upon at the time it decided to take the adverse employment action
examined Cited as authority (verbatim quote) Smith v. Union Charter Township
Mich. Ct. App. · 1998 · quote attribution · 1 verbatim quote · confidence high
n employer cannot avoid liability in a discrimination case by exploiting' a weakness in an employee's credentials . . . that was not known to the employer at the time of the adverse employment action .
discussed Cited as authority (rule) O'Horo v. Boston Medical Center Corporation
1st Cir. · 2025 · confidence medium
At bottom, the plaintiff "must show that the individuals with whom he [or she] seeks to be compared have 'engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer's treatment of them for it.'" Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996) (quoting Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir. 1992)).
discussed Cited as authority (rule) Cocuzzo v. Trader Joe's East Inc.
1st Cir. · 2024 · confidence medium
However, "to be probative of discriminat[ion], a claim of disparate treatment 'must rest on proof that the proposed analogue is similarly situated in material respects.'" Id. (quoting Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 752 (1st Cir. 1996)).
discussed Cited as authority (rule) John Doe v. P Trustees of Dartmouth College
D.N.H. · 2024 · confidence medium
When a plaintiff relies on disparate treatment to show discrimination, however, they must demonstrate that “the proposed analogue is similarly situated in material respects.” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996).
cited Cited as authority (rule) Ripoli v. State of Rhode Island, Department of Human Services, Office of Veterans Affairs
D.R.I. · 2023 · confidence medium
A disparate treatment claim relying on comparator evidence must show that the proposed comparator is “similarly situated in material respects.” , 78 F.3d 747, 751 (1st Cir. 1996).
discussed Cited as authority (rule) Smith v. Brown University
D.R.I. · 2023 · confidence medium
As this Court has previously held, proving selective enforcement requires a comparator who is “similarly situated in material respects.” Td. (citing Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996)).
discussed Cited as authority (rule) Rodriguez-Flores v. United States Government
D.P.R. · 2022 · confidence medium
Sheriff’s Dep’t, 659 F.3d 101, 106 (1st Cir. 2011) (citation omitted) (first quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996); and then quoting Dartmouth Rev. v. Dartmouth Coll., 889 F.2d 13, 19 (1st Cir. 1989)).
discussed Cited as authority (rule) Desai v. University of Massachusetts Memorial Medical Center
D. Mass. · 2022 · confidence medium
Co., 6 F.3d 836, 848 (1st Cir. 1993). “[I]n order to be probative of discriminatory animus, a claim of disparate treatment ‘must rest on proof that the proposed analogue is similarly situated in material respects.’” Velez v. Thermo King de P.R., Inc., 585 F.3d 441, 451 (1st Cir. 2009) (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 752 (1st Cir. 1996)).
cited Cited as authority (rule) Joseph McCoy v. Town of Pittsfield
D.N.H. · 2021 · confidence medium
Id. (citing Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996)).
cited Cited as authority (rule) McCoy v. Pittsfield, NH, Town of
D.N.H. · 2021 · confidence medium
Id. (citing Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996)).
discussed Cited as authority (rule) Cortes-Diaz v. MSD International GmbH (Puerto Rico Branch) LLC (2×)
D.P.R. · 2021 · confidence medium
Vélez v. Thermo King de Puerto Rico, Inc., 585 F.3d 441, 451 (1st Cir. 2009)(quoting Perkins v. Brigham & Women’s Hosp. 78 F.3d 747, 751-752 (1st Cir. 1996).
discussed Cited as authority (rule) Gonzalez-Bermudez v. Abbott Laboratories PR Inc.
1st Cir. · 2021 · confidence medium
This was error. "[I]n order to be probative of discriminatory animus, a claim of disparate treatment 'must rest on proof that the proposed analogue is similarly situated in material respects.'" Vélez v. Thermo King de P.R., Inc., 585 F.3d 441, 451 (1st Cir. 2009) (quoting Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 752 (1st Cir. 1996)).
cited Cited as authority (rule) Doe v. University of Nebraska
D. Neb. · 2021 · confidence medium
Sept. 24, 2020) (quoting Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996)).
discussed Cited as authority (rule) Daumont-Colon v. Coop de Ahorro y Cred Caguas (2×) also: Cited "see, e.g."
1st Cir. · 2020 · confidence medium
To support an inference of discriminatory animus, evidence that an employer has engaged in disparate treatment "must rest on proof that the proposed analogue is similarly situated in material respects." Vélez v. Thermo King de P.R., Inc., 585 F.3d 441, 451 (1st Cir. 2009) (quoting Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996)). "[W]hile the plaintiff's case and the comparison cases that [she] advances need not be - 10 - perfect replicas, they must closely resemble one another in respect to relevant facts and circumstances." Conward v. Cambridge Sch.
discussed Cited as authority (rule) Fournier v. Commonwealth of Massachusetts (2×) also: Cited "see"
D. Mass. · 2020 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996).
cited Cited as authority (rule) Doe v. Brown University
D.R.I. · 2020 · confidence medium
A comparator must be “similarly situated in material respects.” , 78 F.3d 747, 751 (1st Cir. 1996).
discussed Cited as authority (rule) Trahan v. Wayfair Maine LLC (2×) also: Cited "see"
1st Cir. · 2020 · confidence medium
It follows that an employee claiming differential treatment must show that those with whom she seeks to be compared "engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer's treatment of them for it." Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996) (quoting Mitchell v. Toledo Hosp., 964 F.2d 577, 583 (6th Cir. 1992)). - 15 - Here, the most closely analogous instances do not advance Trahan's cause.
discussed Cited as authority (rule) Oquendo v. Costco Wholesale Corporation
D.P.R. · 2020 · confidence medium
A “claim of disparate treatment based on comparative evidence must rest on proof that the proposed analogue is similarly situated in material respects.” See Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996).
cited Cited as authority (rule) Ronald Spaddy v. Massachusetts Appeals Court
D. Mass. · 2019 · confidence medium
“They must be similar in ‘material respects.’” Id. (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996)).
discussed Cited as authority (rule) Mekonnen v. OTG Management, LLC
D. Mass. · 2019 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996) (finding comparator not sufficiently similar because plaintiff had a “history of repeated disciplinary actions” while comparator did not).
discussed Cited as authority (rule) Barry v. The Trustees of Emmanuel College (2×) also: Cited "see"
D. Mass. · 2019 · confidence medium
See Benoit, 331 F.3d at 174 ; cf. Villanueva, 930 F.2d at 131 (tenure applicant plaintiff may offer evidence of similarly situated candidates who received a promotion as evidence of pretext); Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir.1996) (individuals with whom a plaintiff seeks to be compared must have engaged in the same conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer's treatment of them for it).
discussed Cited as authority (rule) United States v. Young
M.D. La. · 2017 · confidence medium
Cf. [Cordi-Allen v. Conlon, 494 F.3d 245, 250-51 (1st Cir. 2007)] (requiring comparators to be similarly situated “in all relevant aspects” in a civil “class of one” context); Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir. 1996) (stating in employment discrimination context that comparator must be similarly situated in “material” respects).
cited Cited as authority (rule) Colman v. Faucher
D.R.I. · 2015 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996).
cited Cited as authority (rule) Ray, III v. Ropes & Gray LLP
1st Cir. · 2015 · confidence medium
Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996) (citation and internal quotation marks omitted).
cited Cited as authority (rule) Ray, III v. Ropes & Gray LLP
1st Cir. · 2015 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996) (citation and internal quotation marks omitted).
cited Cited as authority (rule) Murray v. Kindred Nursing Centers West LLC
1st Cir. · 2015 · confidence medium
Comm., 171 F.3d 12, 21 (1st Cir.1999) (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)).
discussed Cited as authority (rule) Taboas v. Fiddler, Gonzalez & Rodriguez, PSC
D.P.R. · 2014 · confidence medium
While an exact correlation is not necessary, the proponent must demonstrate that the cases are fair congeners.” Thermo King, 585 F.3d at 451 (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 752 (1st Cir.1996)).
discussed Cited as authority (rule) Taboas v. Fiddler, Gonzalez & Rodriguez, PSC
D.P.R. · 2014 · confidence medium
In order to indicate discriminatory animus, however, a claim of disparate treatment “must rest on proof that the proposed analogue is similarly situated in material respects.” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 752 (1st Cir.1996).
discussed Cited as authority (rule) Hubbard v. Tyco Integrated Cable Systems, Inc. (2×) also: Cited "see"
D.N.H. · 2013 · confidence medium
When basing a pretext argument on disparate treatment, “the plaintiffs case and the comparison cases that [he] advances need not be perfect replicas, they must closely 'resemble one another in respect to relevant facts and circumstances.” Straughn, 250 F.3d at 44 (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)).
discussed Cited as authority (rule) Espinal v. National Grid NE Holdings 2, LLC
1st Cir. · 2012 · confidence medium
Because these “ ‘differentiating or mitigating circumstances ... distinguish ... the employer’s treatment’ ” of its employees, Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996) (quoting Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir. 1992)), plaintiffs evidence is insufficient to overcome summary judgment.
discussed Cited as authority (rule) Caesar v. Shinseki (2×) also: Cited "see"
D. Mass. · 2012 · confidence medium
“A claim of disparate treatment based on comparative evidence must rest on proof that the proposed analogue is similarly situated in material respects.” Walker v. City of Holyoke, 523 F.Supp.2d 86, 103 (D.Mass.2007) (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)).
discussed Cited as authority (rule) Goncalves v. Plymouth County Sheriff's Department
1st Cir. · 2011 · confidence medium
They must be similar in “material respects,” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996), i.e., “apples should be compared to apples.” Dartmouth Review v. Dartmouth Coll., 889 F.2d 13, 19 (1st Cir.1989).
discussed Cited as authority (rule) Rivera-Cartagena v. Walmart Puerto Rico
D.P.R. · 2010 · confidence medium
Whether disciplinary action is considered disparate depends on “ ‘whether a prudent person, looking objectively at the incidents, would think them roughly equivalent and the protagonists similarly situated.’ ” Id. (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 752 (1st Cir.1996)). ‘“While an exact correlation is not necessary, the proponent must demonstrate that the cases are fair congeners.’ ” Id.
discussed Cited as authority (rule) Velez v. Thermo King De Puerto Rico, Inc.
1st Cir. · 2009 · confidence medium
But, in order to be probative of discriminatory animus, a claim of disparate treatment “must rest on proof that the proposed analogue is similarly situated in material respects.” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 752 (1st Cir.1996).
discussed Cited as authority (rule) Ramirez v. the GEO Group, Inc.
D. Colo. · 2009 · confidence medium
However, “[t]he proponent must show ... that the incidents he is using for comparison do not involve differentiating or mitigating circumstances that would distinguish them from his own conduct.” Id. (citing Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)). “ ‘[W]hether two employees are similarly situated ordinarily presents a question of fact for the jury.’ ” Riggs v. AirTran Airways, Inc., 497 F.3d 1108, 1117 (10th Cir.2007) (ADEA case) (quoting George v. Leavitt, 407 F.3d 405, 414 (D.C.Cir.2005) (Title VII ease)).
discussed Cited as authority (rule) Sellers v. United States Department of Defense (2×)
D.R.I. · 2009 · confidence medium
It is fundamental that “[a] claim of disparate treatment based on comparative evidence must rest on proof that the proposed analogue is similarly situated in all material respects.” Rodriguez-Cuervos, 181 F.3d at 21 (quoting Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)).
discussed Cited as authority (rule) Lopez v. ALROD ENTERPRISES, INC.
E.D. Pa. · 2009 · confidence medium
See Martin v. Toledo Cardiology Consultants, Inc., 548 F.3d 405, 412 (6th Cir.2008) (requiring them to be "similar in all of the relevant aspects”); Sartor v. Spherion Corp., 388 F.3d 275, 279 (7th Cir. 2004) (requiring them to be “directly comparable in all material respects”); Gilmore v. AT & T, 319 F.3d 1042, 1046 (8th Cir.2003) (requiring them to be "similarly situated in all respects”); Graham v. Long Island R.R., 230 F.3d 34, 39 (2d Cir.2000) (requiring them to be "similarly situated in all material respects”); Perkins v. Brigham & Women's Hosp., 78 F.3d 747, 751 (1st Cir. 1996…
discussed Cited as authority (rule) United States v. Lewis
1st Cir. · 2008 · confidence medium
Cf. Cordi-Allen, 494 F.3d at 250-51 (requiring comparators to be similarly situated “in all relevant aspects” in a civil “class of one” context); Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996) (stating in employment discrimination context that comparator must be similarly situated in “material” respects).
discussed Cited as authority (rule) Walker v. City of Holyoke (2×)
D. Mass. · 2007 · confidence medium
Even assuming arguendo that there was disparate treatment of the two, “[a] claim of disparate treatment based on comparative evidence must rest on proof that the proposed analogue is similarly situated in material respects.” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996).
discussed Cited as authority (rule) Mayflower Vehicle Systems, Inc. v. Cheeks
W. Va. · 2006 · confidence medium
When examining whether employees are similarly situated, it must be considered whether the employees were “engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer’s treatment of them for it.” Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996), quoting Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992).
discussed Cited as authority (rule) Clara Patrick v. Tom Ridge, Secretary, Department of Homeland Security
5th Cir. · 2004 · confidence medium
See, e.g., Crapp v. City of Miami Beach, 242 F.3d 1017 , 1020 (11th Cir.2001)(''Because the [Florida Department of Law Enforcement] did not malee the decision to suspend Crapp's certification until after his termination, it cannot serve as a legitimate, nondiscriminatory reason for Crapp's termination ... ”); Walker v. Mortham, 158 F.3d 1177 , 1182 n. 8 (11th Cir.1998)(''Our precedent requires that if a defendant raises as its legitimate, nondiscrim-inatoiy reason relative qualifications of the applicants, the defendant 'must include the fact that the decision-maker knew that the promoted in…
discussed Cited as authority (rule) Washington v. Milton Bradley Co.
D. Mass. · 2004 · confidence medium
Instead, at the summary judgment stage, a plaintiff must show evidence sufficient “to enable a rational factfinder reasonably to infer that unlawful discrimination was a determinative factor in the adverse employment action.” Thomas, 183 F.3d at 57 (citations and internal quotation marks omitted). *77 In order for a plaintiff to make such a showing, he must typically point to “others similarly situated to him in all relevant respects [who] were treated differently by the employer.” Conward , 171 F.8d at 20 (citing Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)).
cited Cited as authority (rule) Rathbun v. Autozone, Inc.
1st Cir. · 2004 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996).
cited Cited as authority (rule) Gazarov v. Diocese of Erie
3rd Cir. · 2003 · confidence medium
Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996) (citations omitted).
discussed Cited as authority (rule) Benoit v. Technical Manufacturing Corp.
1st Cir. · 2003 · signal: cf. · confidence medium
Cf. Perkins v. Brigham & Women’s Hosp., 78 F.3d 747, 751 (1st Cir.1996)(holding that the individuals with whom a plaintiff seeks to be compared must have engaged in the same conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer’s treatment of them for it).
Retrieving the full opinion text from the archive…
Patrick PERKINS, Plaintiff, Appellant,
v.
BRIGHAM & WOMEN’S HOSPITAL and George H. Kaye, Defendants, Appellees
95-1929.
Court of Appeals for the First Circuit.
Apr 5, 1996.
78 F.3d 747
Daniel S. Sharp, Boston, with whom Elaine Whitfield Sharp, Boston, Barbara C. Johnson, Andover, and Whitfield Sharp & Sharp were on brief, for appellant., Richard P. Ward, Boston, with whom Bonnie B. Edwards, Boston, and Ropes & Gray were on brief, for appellees.
Selya.
Cited by 102 opinions  |  Published
SELYA, Circuit Judge.

In this case, Brigham & Women’s Hospital (the Hospital) allegedly fired plaintiff-appellant Patrick Perkins, an African-American male, because it discovered that he had engaged in a despicable pattern of work-related sexual harassment over a protracted period of time. Apparently convinced that the best defense is a good offense, Perkins sued. Unimpressed by this effort to turn the tables, the district court rejected Perkins’ claims of race-based discrimination at the summary judgment stage. On appeal, Perkins accuses the court of straying down the wrong path. Undertaking de novo review, see Smith v. F.W. Morse & Co., 76 F.3d 413, 428 (1st Cir.1996) [No. 95-1556, slip op. at 29], we find no navigational error.

I. BACKGROUND

We depict the facts (which are by any standard unpleasant) in the light least hostile to the appellant, consistent with record substantiation. See, e.g., Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990). In this process, we weed out “conclusory allegations, improbable inferences, and unsupported speculation.” Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

The appellant worked at the Hospital as a patient care assistant. He garnered generally favorable performance evaluations over a ten-year span, but his record was marred by several instances of misconduct (which led to warnings and/or suspensions). In mid-1990 a more serious incident occurred: in the dead of night, the appellant invaded a restricted lounge where two female radiology technicians were sleeping between cases. One woman claimed that, upon awakening, she discovered the appellant staring at her from the foot of her bed. The technicians reported the occurrence and informed Hospital officials that the appellant had made sexual overtures to each of them on prior occasions. [1] A supervisor added background information, revealing that the appellant habitually uttered “flirtatious statements.”

The Hospital moved to terminate the appellant’s employment in the wake of this episode but the in-house Grievance Review Board (the Board) reduced the proposed penalty to a four-week suspension without pay. Withal, the Board acknowledged the appellant’s unfortunate penchant for making salacious comments to female employees, and advocated “appropriate disciplinary action” if this meretricious behavior continued.

[*749] In November of 1991 — roughly seventeen months after his nocturnal caper in the technicians’ lounge — the appellant telephoned a nurse while she was participating in a surgical procedure and loudly warned her not to call him “Pat.” There was a history leading up to this call, and the nurse demanded an investigation of what she described as the appellant’s “harassment” of her. Perkins’ supervisor, an African-American woman, suspended him pending further review of the incident.

George Kaye, the Hospital’s vice-president for human resources, considered the nurse’s complaint in conjunction with reports from operating room managers that the appellant continued to engage in inappropriate sexual banter and innuendo. Kaye retained Nancy Avery, an independent social worker, to conduct an inquiry. The Hospital adopted an investigatory protocol calculated to provide a confidential forum in which female employees could safely discuss their experiences vis-avis the appellant.

Avery’s report was damning. It recounted numerous episodes of unacceptable behavior involving the appellant and myriad female employees. It would serve no useful purpose to take a complete inventory of these tawdry vignettes. Suffice it to say that the list includes instances in which the appellant described his sexual prowess in explicit detail, boasted about the length of his penis, exposed himself, patted a female employee’s buttocks, and proposed a menage-a-trois. The report also memorialized the appellant’s threats to retaliate against women who declined his advances by, for example, warning that he would slash their tires (and, in one case, that he would not be averse to attacking a woman in a garage).

Kaye concluded that the appellant had engaged in the misconduct described by Avery, and cashiered him effective February 7,1992. This time the Board, after hearing the appellant’s denial of the allegations, upheld his ouster.

The appellant brought suit in a Massachusetts state court charging inter alia racial discrimination. [2] The Hospital removed the case to a federal forum. Discovery lasted for over a year. When the Hospital thereafter requested summary judgment, the district court obliged. Overriding Perkins’ objection, the court ruled as a matter of law that, although he had made out a prima facie ease of racial discrimination under the McDonnell Douglas burden-shifting model, see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817 & 1824, 36 L.Ed.2d 668 (1973), the Hospital had produced evidence of a legitimate, nondiseriminatory justification for the discharge, namely, the extensive misconduct related in Avery’s report, sufficient to meet its burden of production under that model; that the record revealed no evidence probative of pretext; and that, therefore, no rational factfinder could conclude that the Hospital dismissed Perkins on account of his race. See Perkins v. Brigham & Women’s Hosp., Civ. No. 93-11701-DPW (D.Mass. July 31, 1995) (D.Ct.Op.).

In this appeal, Perkins abandons several of his original initiatives and concentrates his fire on the lower court’s rejection of the race discrimination claims. He maintains that the court allowed brevis disposition on those claims only because it overlooked, misconceived, and mischaraeterized the relevant evidence, and then applied the wrong analytic framework.

II. ANALYSIS

We begin our discussion of the merits by noting that, contrary to the appellant’s position, there is no insurmountable obstacle blocking the use of Fed.R.Civ.P. 56 in the circumstances of this case. The function of summary judgment is “to pierce the boilerplate of the pleadings and assay the parties’ proof in order to determine whether trial is actually required.” Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791, 794 (1st Cir.1992), cert. denied, 507 U.S. 1030, 113 S.Ct. 1845, 123 L.Ed.2d 470 (1993). Here, the record, fairly read, contains no sign that the district[*750] court overlooked, misconceived, or mischaracterized the evidence. To the contrary, as the district court concluded, the record discloses no genuine issue as to any material event; and the undisputed facts, taken most favorably to the appellant, confirm that the Hospital is entitled to judgment as a matter of law. See, e.g., McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995) (collecting cases describing summary judgment standard); see also Medina-Munoz, 896 F.2d at 8 (discussing propriety of summary judgment even when “elusive concepts such as motive or intent” are at issue).

We give credit where credit is due. The district court’s opinion is both meticulous and scholarly. It treats every claim and item of evidence, and closes virtually every avenue that Perkins tries to travel on appeal. Because that is so, we resist the temptation to transpose into our own words what has already been well expressed, preferring instead to affirm the judgment essentially on the basis of the opinion below. We pause only to add punctuation in a few spots. [3]

A

The appellant’s principal complaint is that the district court analyzed his race discrimination claims under the McDonnell Douglas framework. He bases this complaint on his assumption that the record contains evidence sufficient to warrant deployment of the somewhat different framework constructed by the Court in Price Waterhouse v. Hopkins, 490 U.S. 228, 258, 109 S.Ct. 1775, 1794-95, 104 L.Ed.2d 268 (1989) (plurality op.). [4] When, as now, a plaintiff alleges disparate treatment, he ordinarily has the burden of proving that the defendant took the adverse employment action (here, dismissal) because of a protected trait (here, race). The Price Waterhouse framework, where applicable, shifts the burden of persuasion to the employer.

For present purposes, we need not explore the conditions under which Price Waterhouse might apply. The shift in the burden of persuasion contemplated by Price Water-house invariably depends upon a plaintiffs ability to produce or proffer evidence of the employer’s discriminatory motive for the adverse job action that goes beyond the simple prima facie case showing needed to invoke McDonnell Douglas (which, when made, requires the employer to provide — but not prove — an explanation). See, e.g., Fields v. Clark Univ., 966 F.2d 49, 51-52 (1st Cir.1992), ce rt. denied, 506 U.S. 1052, 113 S.Ct. 976, 122 L.Ed.2d 130 (1993); Jackson v. Harvard Univ., 900 F.2d 464, 467 (1st Cir.), cert. denied, 498 U.S. 848, 111 S.Ct. 137, 112 L.Ed.2d 104 (1990).

Courts are in some disarray as to the type and kind of evidence that is sufficient to bring the Price Waterhouse framework into play. [5] Compare Troupe v. May Dept. Stores Co., 20 F.3d 734, 738 (7th Cir.1994) with Ostrowski v. Atlantic Mut. Ins. Cos., 968 F.2d 171, 182 (2d Cir.1992). In this case, however, there is no reason to essay fine distinctions or seek to clarify the Price Wa terhouse standard. The evidence as a whole simply will not support a reasonable inference that the Hospital discharged Perkins because it harbored an animus against him as an African-American. The extensive, point-by-point discussion of the proof in Judge Woodlock’s detailed opinion renders further analysis on our part supererogatory. Because we find in this record nothing re[*751] motely resembling probative evidence of a race-based animus, the appellant’s claim fails,

B

The appellant attacks the lower court’s reliance on affidavits supplied by three female employees that contain lurid firsthand accounts of his unsavory conduct. The court considered these affidavits in determining that the Hospital had advanced a nondiseriminatory rationale for its actions. See D.Ct. Op. at 32. The appellant reasons that, because the affidavits were unavailable to the Hospital at the time it discharged him, the court could not mull them in analyzing the Hospital’s motivation. This anfractuous reasoning distorts the applicable legal rule.

It is true that an employer’s proffered justification must be based on information that it knew and relied upon at the time it decided to take the adverse employment action. See McKennon v. Nashville Banner Pub. Co., — U.S. -,-, 115 S.Ct. 879, 885, 130 L.Ed.2d 852 (1995) (explaining that because an employee’s misconduct was not discovered until after her discharge, the “employer could not have been motivated by knowledge it did not have and it [could not] claim that the employee was fired for the nondiseriminatory reason”); Sabree v. United Bhd. of Carpenters, 921 F.2d 396, 403 (1st Cir.1990) (similar). That is to say, an employer cannot avoid liability in a discrimination case by exploiting a weakness in an employee’s credentials or performance that was not known to the employer at the time of the adverse employment action (and that, therefore, could not have figured in the decisional calculus).

This rule is inapposite in the case at bar. Though the challenged affidavits did not exist when the Hospital handed the appellant his walking papers, the information that they contained was known to and fully absorbed by the Hospital at the time it fired Perkins. The affiants had reported their encounters with the appellant to Avery, their stories were embodied in her report, and the relevant information was factored into the Hospital’s decisional process. Consequently, the court below did not err in considering the affidavits.

C

The district court rejected the appellant’s attempt to show intentional discrimination by comparing his treatment at the Hospital’s hands with the treatment accorded to a Caucasian clinical supervisor who was also terminated for harassing female co-workers. See D.Ct.Op. at 38-42. Perkins assigns error. We discern none.

A claim of disparate treatment based on comparative evidence must rest on proof that the proposed analogue is similarly situated in material respects. See Morgan v. Harris Trust & Savs. Bank, 867 F.2d 1023, 1026 (7th Cir.1989); Lanear v. Safeway Grocery, 843 F.2d 298, 301 (8th Cir.1988). Accordingly, the proponent of the evidence must show that the individuals with whom he seeks to be compared have “engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer’s treatment of them for it.” Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992). The test is whether a “prudent person, looking objectively at the incidents, would think them roughly equivalent and the protagonists similarly situated.” Dartmouth Review v. Dartmouth College, 889 F.2d 13, 19 (1st Cir.1989). While an exact correlation is not necessary, the proponent must demonstrate that the cases are “fair congeners.” Id. at 19.

In this instance, Judge Woodlock’s opinion illustrates beyond hope of contradiction, citing book and verse, that the requisite similarities are lacking. See D.Ct.Op. at 38-42. We see no advantage in repastinating soil already well ploughed and instead adopt Judge Woodlock’s characterization. However, we think it wise to emphasize two aspects. First, the Hospital had good reason to believe that the clinical supervisor’s misconduct, while reprehensible, was markedly less serious than the appellant’s misconduct. Second, the supervisor — unlike the appellant — did not have a history of repeated disciplinary actions over a ten-year period.

[*752] III. CONCLUSION

We return to the point of our beginning. The appellant’s several efforts to mount an offensive (including some initiatives that we have not discussed here) are uniformly unavailing. The record in this ease simply will not support a reasonable inference that the Hospital discharged the appellant because it harbored an animus against African-Americans. Consequently, we need go no further.

Affirmed.

1

. According to one woman, Perkins often asked her out on dates, and in one instance, when she replied that she was married, he retorted that “I don't want your husband, I want you.” The other woman revealed that when, in the course of Perkins' amorous pursuit, she mentioned her gravidity, he responded: “Pregnant women turn me on."

2

. The appellant named both Kaye and the Hospital as defendants. Because Kaye’s liability (if any) could not conceivably be greater than the Hospital's, we treat the case as if the Hospital were the sole defendant and appellee.

3

.We think it is at least arguable that the Civil Rights Act of 1991, Pub.L. 102-166, § 102, 105 Stat. 1071 (1991) (codified at 42 U.S.C. §§ 2000e-2000e-16), applies in this case. But neither party cited this statute in the district court; that court did not refer to it in the opinion below; and the parties ignore it in their appellate briefs. Given this background, we do not base our decision on the 1991 Act (but we note that, if we were to apply it, the result that we reach in this appeal would not be affected). By like token, given the circumstances of this case, we see no need to differentiate between the appellant’s parallel claims of race-based discrimination under federal and state law, respectively.

4

. The appellant does not contend that the district court erred in its performance of the McDonnell Douglas analysis, but, rather, that the analysis should not have been performed at all.

5

. The Civil Rights Act of 1991, see supra note 3, does not supply a ready means of resolving this disagreement. See Tyler v. Bethlehem Steel Corp., 958 F.2d 1176, 1182 (2d Cir.), cert. denied, 506 U.S. 826, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992).