Case: Discrimination/'Similarly Situated’ (11th Cir.)

The Eleventh Circuit, sitting en banc, rules that the determination of whether persons are “similarly situated” comparators for purposes of a discrimination claim is part of the prima facie case and that it requires a showing that the proposed comparators are “similarly situated in all material respects.” Applying these principles, the court found that a black female officer, who was placed on leave because her chronic heart condition prevented her from being exposed to taser shock or pepper spray that was part of required training and was later fired after she ran out of leave, wasn’t similarly situated to white ...