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Employer Liability Issues › Title VII › McDonnell Douglas Formula

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Akerman LLP - HR Defense

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

Akerman LLP - HR Defense on

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

Littler on

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

Burr & Forman

11th Circuit Clarifies “Similarly Situated” Standard for Discrimination Claims

Burr & Forman on

On March 21, 2019, a 9-3 en banc majority announced that a plaintiff proceeding under the McDonnell Douglas framework must demonstrate as a part of her prima facie case that she and her comparators are “similarly situated in...more

FordHarrison

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison on

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...more

Proskauer - Law and the Workplace

Second Circuit Clarifies Pleading Standard for Title VII Claims

Proskauer - Law and the Workplace on

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

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