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Lewis v. Union City, No. 15-11362

Articles Discussing Case:

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

Ogletree Deakins • March 29, 2019
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 claims of intentional discrimination, jettisoning the commonly cited “nearly identical” and “same or similar” standards in favor of a test asking whether comparators are “similarly situated in all material respects.” Although the appellate court—which covers Florida, Georgia, and Alabama—acknowledged that this new test still requires an inquiry into the specific facts of each case, it offered some guideposts that may help inform employers’ business decisions regarding employees.

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison LLP • March 28, 2019
Executive Summary: On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under the McDonnell Douglas burden-shifting framework and (2) held that a qualitative comparator analysis remains part of the initial prima facie stage of the McDonnell Douglas framework.