Protections for Sexual Orientation and Gender Identity

Discrimination against someone because of their sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, as amended. Sexual orientation, gender identity, and sex are all connected, and Title VII expressly prohibits discrimination based on sex.

Avoiding Disparate Treatment and Understanding Comparators

Under the McDonnell Douglas burden-shifting framework, an employee has the burden to demonstrate that she was treated differently from other individuals who were similarly situated. The 11th Circuit clarified that this includes all material respects of the treatment in question.