Eleventh Circuit Clarifies Standard For Identifying Comparators In Title VII And ADA Discrimination Cases

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.

Background

Jacqueline Lewis, an African-American female police officer, claimed the Union City, Georgia Police Department terminated her employment due to her race and gender in violation of Title VII and 42 U.S.C. § 1981, and discriminated against her on the basis of her disability in violation of the Americans with Disabilities Act (ADA). Lewis worked from 2001 until 2008 as a patrol officer and was promoted to detective in 2008. She suffered a heart attack in 2009, but was cleared to work without restrictions.