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Showing 2 posts in Eleventh Circuit.

Eleventh Circuit Clarifies Legal Standard in Evaluating Similarly Situated Individuals

For years, advocates in the Eleventh Circuit have expressed confusion over the term "similarly situated" when addressing claims of discrimination under the McDonnell Douglas burden-shifting analysis. In a rare move, the Eleventh Circuit sought to clear up "the mess" it had created through prior circuit court decisions. As a result of the Court's findings, employers—particularly those in Alabama, Georgia, and Florida—will have more clarity when evaluating possible discrimination claims. More ›

Failure to Timely Report Race Harassment Not a Bar to Trial

Employers frequently raise failure to report harassment as a defense in Title VII and related state cases. After all, how can you end harassing behavior if you are not aware of it. As the Eleventh Circuit reminded us earlier this week, that defense breaks down if the employer is aware of the conduct. More ›

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