Bobo v. United Parcel Service, Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The confirmed criticism is listed below: a district court questioned Bobo's treatment of employees with different supervisors, then followed Bobo and denied summary judgment. Later opinions continue to apply Bobo's comparator rule. Their parentheticals describing University of Texas Southwestern Medical Center v. Nassar as abrogating Bobo on other grounds report a separate Supreme Court ruling about Title VII retaliation causation; Nassar did not address Bobo's comparator rule.
31 later cases cite Bobo v. United Parcel Service, Inc.; 31 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Bobo v. United Parcel Service, Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Criticized
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The court said Bobo's comparator holding was in substantial tension with other Sixth Circuit decisions, but followed it as binding law.
Anderson v. Federal Express · W.D. Tennessee · filed
But it is in substantial tension with other cases providing relatively granular factors. Respectfully, this might be an area warranting some cleanup by the Sixth Circuit. But, in any event, this Court is bound by Bobo, which precludes summary judgment for FedEx on McDonnell Douglas’s prima facie step.
Read the full opinion on CourtListener →
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