In a recent decision, the U.S. Court of Appeals for the Fifth Circuit reaffirmed a familiar — but increasingly debated — principle in employment discrimination law: Plaintiffs proceeding under the McDonnell Douglas framework must identify a similarly situated comparator outside their protected class who was treated more favorably to survive summary judgment (Bravo v. Dallas Independent School District).
The opinion is noteworthy because the plaintiff argued that the U.S. Supreme Court’s 2025 decision in Ames v. Ohio Department of Youth Services eliminated or at least relaxed that requirement. The Fifth Circuit disagreed, doubling down on its precedent and underscoring a growing divide among the circuits.
The Case: No Comparator, No Prima Facie Case
Joe Martin Bravo, a Mexican-American teacher, was terminated after multiple student complaints alleging he made racially insensitive remarks in the classroom. Bravo filed suit under Title VII, alleging discrimination based on his ancestry.… Read the complete article here...
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