Eleventh Circuit Redefines Comparator in Discrimination Cases
In a race and sex discrimination matter appealed from the Northern District of Georgia, the Eleventh Circuit, sitting en banc, decided to clarify the test for determining whether an individual is a comparator for purposes of establishing a prima facie case of discrimination under McDonnell Douglas. Lewis v. City of Union City, Georgia, et al., 15-11362 (11th Cir. March 21, 2019). In so doing, the Eleventh Circuit recognized the confusion its past decisions may have caused.