Cleaning Up The "Similarly Situated" Mess Lewis v. Union City
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On April 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision with the stated purpose of "cleaning up a mess." That "mess" was the result of McDonnell Douglas Corp. v. Green which established the familiar burden shifting scheme of proof applicable to summary judgment in discrimination cases, but did not clearly define what it means for a comparator to be "similarly situated" to the plaintiff.
Elizabeth Torphy-Donzella is a partner with Shawe Rosenthal, LLP, which specializes in management side labor and employment law.
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