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, 93 S.Ct. 1817 (1973). Bravo appealed but, in a published decision, the Fifth Circuit Court of Appeals affirmed the dismissal.
Title VII forbids employment discrimination based on race, ethnicity, or national origin. Because direct proof of discriminatory intent is uncommon, plaintiffs typically rely on circumstantial evidence and must proceed under the McDonnell Douglas framework. Under that approach, the employee must first establish a prima facie case showing membership in a protected class, qualification for the job, an adverse employment action, and less‑favorable treatment than a similarly situated employee outside the protected class.
In Bravo’s case, the district court granted summary judgment for the district because he failed to identify any similarly situated comparator—the fourth element of the prima facie case. Without evidence that another employee in nearly identical circumstances was treated better, he could not meet his initial burden under McDonnell Douglas.
On appeal, Bravo argued that the Supreme Court’s recent decision in Ames v. Ohio Department of Youth Services eliminated the comparator requirement. The Fifth Circuit rejected that argument. Under its rule of orderliness, the court must follow prior circuit precedent unless a Supreme Court decision clearly and unequivocally overrules it. The panel concluded that Ames did not do so. Ames cautioned against rigid prima facie rules and rejected heightened burdens for majority‑group plaintiffs, but it did not fundamentally change the comparator analysis used in this circuit.
The Fifth Circuit emphasized that its comparator standard is already flexible and has been applied with caution against overly rigid interpretations. Because Ames did not clearly displace Fifth Circuit precedent, the requirement remains. As Bravo offered no comparator evidence, he failed to establish a prima facie case, and the court affirmed summary judgment. Bravo v. Dallas Indep. Sch. Dist., 177 F.4th 604 (5th Cir. 2026).
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