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. The Eleventh Circuit noted several decisions where plaintiffs were required to show a comparator was “nearly identical” to the plaintiff, whereas in other decisions, the plaintiff’s burden was more relaxed. The majori

Archived Blogs

Click here for a link to our blog archives prior to 2015

Posts by Topic

Posts by Date

© 2019 Buckley Christopher P.C.

2970 Clairmont Road NE

Suite 650

Atlanta, GA  30329

(404) 633-9230