Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under The Pregnancy Discrimination Act

Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a valid comparator to a pregnant employee as part of the prima facie case under the McDonnell Douglas burden-shifting framework as modified by the Supreme Court in Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015), for cases involving the Pregnancy Discrimination Act of 1978 ("PDA"). The answer is anyone, whether injured on or off the job, who cannot perform their job without an accommodation because of a restriction like that of the pregnant worker.