Bravo v. Dallas ISD
Split Score
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Case Summary
Disposition
Affirmed
Joe Martin Bravo alleged that Dallas ISD fired him because of his Mexican-American heritage in violation of Title VII. The Fifth Circuit affirmed summary judgment for the District, holding that, under its precedent, Bravo had to—but did not—produce evidence of a similarly situated non-Mexican-American comparator, and the Supreme Court’s recent Ames decision did not overrule that requirement.
Circuit Split Identified
Legal Issue
Whether a Title VII plaintiff must present evidence of a similarly-situated comparator employee to satisfy the fourth prong of the McDonnell Douglas prima facie case at summary judgment.
Circuit Positions
Comparator evidence is required to establish the fourth prong of the McDonnell Douglas prima facie case.
Comparator evidence is not strictly required; a plaintiff can proceed without a comparator so long as other circumstantial evidence shows discrimination.
Conflict Summary
The Fifth Circuit continues to require evidence that the plaintiff was treated less favorably than a similarly-situated employee outside the protected class, while the Eleventh Circuit has held that a plaintiff may survive summary judgment without comparator evidence because McDonnell Douglas is merely an evidentiary tool and not a substantive requirement.