LEWIS V. CITY OF UNION CITY: “SIMILARLY SITUATED” DEFINITION CLARIFIED word cloud

LEWIS V. CITY OF UNION CITY: “SIMILARLY SITUATED” DEFINITION CLARIFIED

Sarah Rawls

In an employment intentional discrimination case, “[j]ust how ‘similarly situated’ must a plaintiff and her comparator(s) be?” The United States Court of Appeals for the Eleventh Circuit clarified the proper standard for comparator evidence in Lewis v. City of Union City. Specifically, the court endorsed a test asking whether comparators are “similarly situated in all material respects,” thereby abandoning the previously accepted “nearly identical” and “same or similar” tests.

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