News & Analysis as of

Similarly Situated

Sherman & Howard L.L.C.

Return to Cents? 6th Circuit Modifies FLSA Conditional Certification Standard

Good news for at least some employers facing Fair Labor Standards Act (FLSA) collective actions. In Clark v. A&L Home Care and Training Center et al., the 6th Circuit adopted a new standard for collective action conditional...more

Jackson Lewis P.C.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

Jackson Lewis P.C. on

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other...more

Fox Rothschild LLP

Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated

Fox Rothschild LLP on

The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA), now requiring a “strong...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

Jackson Lewis P.C.

The Meaning Of “Similarly Situated” Is Teed Up For SCOTUS

Jackson Lewis P.C. on

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more

Dickinson Wright

The Sixth Circuit Rules on What Constitutes "Similarly Situated"

Dickinson Wright on

On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

Rumberger | Kirk on

Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

McAfee & Taft

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

McAfee & Taft on

In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

Jackson Lewis P.C.

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard For Workplace Discrimination Claims

Jackson Lewis P.C. on

The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more

Sherman & Howard L.L.C.

In A Goldilocks-Esque Decision, The Eleventh Circuit Finds A “Similarly Situated In All Material Respects” To Be Just Right

What does it mean within the context of the McDonnell Douglas burden-shifting framework for a plaintiff to show she was treated less favorably than other “similarly situated” individuals? The U.S. Court of Appeals for the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Polsinelli

‘Just Give Me Some Space’ — Eleventh Circuit Clarifies “Similarly Situated” Standard

Polsinelli on

On March 21, 2019, in a 9-3 en banc decision, the U.S. Eleventh Circuit Court of Appeals clarified the “similarly situated” standard for comparator evidence in employment discrimination cases.  Lewis v. City of Union City,...more

Hinshaw & Culbertson LLP

Eleventh Circuit Clarifies Legal Standard in Evaluating Similarly Situated Individuals

For years, advocates in the Eleventh Circuit have expressed confusion over the term "similarly situated" when addressing claims of discrimination under the McDonnell Douglas burden-shifting analysis. In a rare move, the...more

Miles & Stockbridge P.C.

4th Circuit Decision Highlights Importance of Comparator Evidence

The Fourth Circuit recently upheld a lower court decision granting summary judgment to the employer in an employment discrimination suit brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Maryland law,...more

Seyfarth Shaw LLP

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Jackson Lewis P.C.

Limiting Plaintiff’s Discovery on Similarly Situated Employees Reasonable, Federal Court Finds

Jackson Lewis P.C. on

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of...more

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