Federal Appeals Court Reaffirms Alternative Approach to Proving Discrimination: 5 Things Employers Need to Know
The 11th US Circuit Court of Appeals is continuing to reshape how judges evaluate evidence in employment discrimination and retaliation cases. Its December 5 decision in Ismael v. Roundtree further distances the court from the traditional burden-shifting framework and reinforces its preference for a “convincing mosaic” standard . This development could make it more difficult for employers to obtain early dismissal in discrimination and retaliation lawsuits – and employers in the 11th Circuit (Florida, Georgia, and Alabama) should take note. Here’s a rundown of the ruling, what the “convincing mosaic” standard could mean for your workplace litigation strategy, and five compliance steps to take now. A Quick Refresher: McDonnell Douglas vs. Convincing Mosaic For decades, courts relied on the US Supreme Court’s McDonnell Douglas framework to analyze circumstantial evidence of discrimination. Under that approach, once an employee establishes a prima facie ...