Worker Comparison Test For Bias Claims Is Uncertain

By Cathy Beveridge and Michele Ramos ( April 11, 2019, 10:59 AM EDT) -- On March 21, 2019, the U.S. Court of Appeals for the Eleventh Circuit clarified, in Lewis v. Union City,[1] that a plaintiff asserting an intentional-discrimination claim under the McDonnell Douglas burden-shifting framework must demonstrate that her proffered comparators were "similarly situated in all material respects" to survive summary judgment.[2]...

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