Daily Labor Report®

Intentional Job Bias Proof Test ‘Clarified’ by 11th Cir. (2)

March 21, 2019, 4:49 PMUpdated: March 21, 2019, 9:43 PM

A Georgia police officer who was fired after refusing to participate in new “Taser” training because of her heart condition can’t show she was treated unequally because she is black and a woman, a divided Eleventh Circuit ruled March 21.

The 9-3 decision by a full panel of the U.S. Court of Appeals for the Eleventh Circuit clarifies the standard workers in Alabama, Florida, and Georgia must meet to show that workers outside their protected class were treated more favorably.

Co-workers must be “similarly situated in all material respects” to be valid comparators for proving intentional discrimination under Title VII...

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