News & Analysis as of

Similarly Situated Employment Litigation

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

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

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

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