Commonwealth v. Solly, 253 S.W.3d 537 (KY 2008)

Donna Solly was employed as a limited-status teacher at Caldwell Area Technology Center. The employer did not renew her employment contract, stating she had an affair with a male colleague. Solly filed suit in the Franklin County Circuit Court, alleging sex discrimination. The Circuit Court found in favor of the employer, but the Court of Appeals of Kentucky reversed and remanded, holding that she had established a prima facie case of sex discrimination. The Kentucky Supreme Court reversed the Court of Appeals decision, holding that she failed to establish that her male colleague with whom she had an affair with was not similarly situated, and that her employer’s stated justification for firing her was not pretextual.

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