En Banc 11th Circuit Clarifies Standard For Comparators In Intentional Bias Suits

Mealey's (March 25, 2019, 1:21 PM EDT) -- ATLANTA — Comparators presented in intentional discrimination claims examined under the burden-shifting framework established in McDonnell Douglas Corp. v. Green must be considered at the prima facie stage and must be “similarly situated in all material respects,” a divided en banc 11th Circuit U.S. Court of Appeals ruled March 21 (Jacqueline Lewis v. Union City, Georgia, et al., No. 15-11362, 11th Cir., 2019 U.S. App. LEXIS 8450)....