Opinion

Bravo v. Dallas ISD

Court
Court of Appeals for the Fifth Circuit
Filed
Jun 1, 2026
Status
Published
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 40.8%

allowing a plaintiff to survive summary judgment without evidence of a comparator employee because the McDonnell Douglas prima facie case is an “evidentiary tool” not “a substantive standard of liability”

How later courts described this case

  • allowing a plaintiff to survive summary judgment without evidence of a comparator employee because the McDonnell Douglas prima facie case is an “evidentiary tool” not “a substantive standard of liability”

Written by the judges who cited it.

The opinion

Case: 25-10982 Document: 70-1 Page: 1 Date Filed: 06/01/2026

United States Court of Appeals

for the Fifth Circuit

____________ United States Court of Appeals

Fifth Circuit

No. 25-10982

FILED

June 1, 2026

____________

Lyle W. Cayce

Joe Martin Bravo, Clerk

Plaintiff—Appellant,

versus

Dallas Independent School District; Tarrant

Appraisal District,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:23-CV-1596

______________________________

Before Wiener, Haynes, and Graves, Circuit Judges.

James E. Graves, Jr., Circuit Judge:

The Dallas Independent School District fired Joe Bravo after six

students complained that he made racially insensitive remarks in the

classroom. He sued, alleging that the District discriminated against him

based on his Mexican-American ancestry, violating Title VII of the Civil

Rights Act. The district court granted the District summary judgment,

reasoning that Bravo failed to produce sufficient evidence to establish a prima

facie case of discrimination under McDonnell Douglas Corp. v. Green, 411 U.S.

792 (1973). We AFFIRM.

Case: 25-10982 Document: 70-1 Page: 2 Date Filed: 06/01/2026

No. 25-10982

I.

Title VII prohibits employment discrimination on the basis of race,

ethnicity, or national origin. 42 U.S.C. § 2000e-2(a). “[D]irect evidence of

discriminatory intent is rare.” Saketkoo v. Adm’rs of Tulane Educ. Fund, 31

F.4th 990, 997 (5th Cir. 2022). So an employee usually “proves [their] claim

[through] circumstantial evidence.” Id. If they use circumstantial evidence,

they must satisfy the McDonell Douglas burden-shifting framework to survive

summary judgment. Id.

Under this framework, an employee must first establish a prime facie

case. Id. This means they must offer sufficient evidence that they (1) are a

member of a protected class, (2) were qualified for their position, (3) suffered

an adverse employment action, and (4) were treated less favorably than

“other similarly situated employees who were not members of the protected

class, under nearly identical circumstances.” Lee v. Kan. City S. Ry. Co., 574

F.3d 253, 259 (5th Cir. 2009) (citation modified).

The district court granted summary judgment at the fourth prong,

because Bravo “fail[ed] to offer any evidence of a similarly situated

comparator.” Bravo v. Dall. Indep. Sch. Dist., No. 3:23-CV-01596, 2025 WL

2163272, at *8 (N.D. Tex. July 30, 2025).1 He appeals.

II.

Bravo concedes that our precedent required him to show a similarly

situated comparator. But he argues that a recent Supreme Court decision,

Ames v. Ohio Department of Youth Services, overruled our previous cases that

required him to do so. 605 U.S. 303 (2025). We disagree.

_____________________

1

“We review a district court’s grant of summary judgment de novo.” Barrett v.

Atl. Richfield Co., 95 F.3d 375, 382 (5th Cir. 1996).

2

Case: 25-10982 Document: 70-1 Page: 3 Date Filed: 06/01/2026

No. 25-10982

Our rule of orderliness binds us to a previous panel’s decision “absent

an intervening change in the law.” Texas v. United States, 126 F.4th 392, 406

(5th Cir. 2025). A Supreme Court decision may qualify as an intervening

change, but the “decision . . . must unequivocally overrule prior precedent.”

Id. (citation modified). The Court may do so implicitly when a decision

“fundamentally changes the focus of the relevant analysis.” In re Bonvillian

Marine Serv., Inc., 19 F.4th 787, 792 (5th Cir. 2021) (citation modified). But

this happens only if “the changed analysis clearly applies to the case before

us, such that we are unequivocally directed . . . to overrule the” prior panel’s

decision. Martinelli v. Hearst Newspapers, L.L.C., 65 F.4th 231, 234 (5th Cir.

2023) (citation modified).

In Ames, the Supreme Court rejected the Sixth Circuit’s rule that

required “majority-group plaintiffs . . . to produce certain types of

evidence . . . that would not otherwise be required to make out a prima facie

case.” 605 U.S. at 311. And the Court generally cautioned against “inflexible

formulations of the prima facie standard.” Id. at 311 (citation modified).

Of course, if our previous decisions placed a greater evidentiary

burden on some groups, Ames might implicitly overrule them. But Ames’s

clarification of the Title VII analysis does not clearly apply here. And our

McDonnell Douglas authority is flexible enough to survive Ames. Indeed, our

court has already cautioned that our review of whether a comparator

employee is similarly situated “cannot be too rigid.” Moore v. Univ. Miss.

Med. Ctr., 719 F. App’x 381, 385 (5th Cir. 2018) (citing Lee, 574 F.3d at 260

n.26).

3

Case: 25-10982 Document: 70-1 Page: 4 Date Filed: 06/01/2026

No. 25-10982

Hence, our previous decisions that require a similarly situated

comparator still bind us.2 To survive summary judgment, Bravo must offer

evidence that he was treated less favorably than a similarly situated employee

who was not a member of his protected class. E.g., Saketkoo, 31 F.4th at 998.

Because he cannot, he fails to carry his prima facie burden under McDonnell

Douglas, and the district court properly granted summary judgment.3 We

AFFIRM.

_____________________

2

Contra Tynes v. Fla. Dep’t of Juv. Just., 88 F.4th 939, 944–45 (11th Cir. 2023)

(allowing a plaintiff to survive summary judgment without evidence of a comparator

employee because the McDonnell Douglas prima facie case is an “evidentiary tool” not “a

substantive standard of liability”); see also Awe v. Harris Health Sys., 163 F.4th 969, 975–76

(5th Cir. 2026) (Elrod, C.J., concurring) (“[T]he Fifth Circuit’s reading of the

McDonnell Douglas standard [is] foreign to both Title VII and Rule 56, [and] puts on

blinders to the various ways . . . a plaintiff could prove [their] claim.” (citation modified));

Nall v. BNSF Ry. Co., 917 F.3d 335, 349–50 (5th Cir. 2019) (Costa, J., specially

concurring); Green v. HCTec Partners, L.L.C., No. 24-20554, 2026 WL 839112, at *6–8

(5th Cir. Mar. 26, 2026) (Oldham, J., concurring in the judgment).

3

Because Bravo’s Title VII claim fails this threshold inquiry, we do not reach his

other arguments.

4

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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