The #MeToo movement has now become a social norm since it first went viral on the pages of Instagram, Facebook, Twitter, and Snapchat. And that's a good thing. The days of writing off unacceptable behavior as "boys will be boys" or "paying your dues" are over. However, the pendulum has swung so far that the movement has left unintended victims in its path – good employees who had a moment of less-than-perfect judgment.
Because employers have taken it on the chin recently by the courts and the Legislature, it's important to celebrate the occasional employer victories. In a case decided on March 21, 2019, arising out of the 11th Circuit Court of Appeals , the Court ruled that in race or gender bias suits, the aggrieved employee must prove that whomever they use as a comparison to demonstrate bias must be "similarly situated in all material respects."