She identified two white male detectives who failed physical fitness tests, but received more time to correct their failures.
§ 1981, as well as claims under the Americans with Disabilities Act of 1990. In her lawsuit, Lewis alleged race and gender discrimination in violation of Title VII of the Civil Rights Act of 1964, the Equal Protection Clause, and 42 U.S.C. Therefore, she was discharged pursuant to the Union City Personnel Policy, which provides that “ny unapproved leave of absence cause for dismissal.” Lewis then sued the City and the Police Chief for race, gender, and disability discrimination. Lewis exhausted her accrued leave and did not complete the required Family and Medical Leave Act paperwork to obtain additional leave. Lewis’ doctor informed the department that she “would not recommend” that a Taser or pepper spray be used “on or near” Lewis, given her “several chronic conditions including a heart condition.” Given these restrictions, the police chief determined that Lewis could not perform the essential functions of her job and placed her on administrative leave until she was cleared to return to “full and active duty.” Officers were also required to receive pepper spray training. To carry a Taser, officers were required “to receive a five-second Taser shock” so they could have firsthand experience with the weapon, helping them evaluate when to use it and testify in court about the effects. In 2010, the police department issued a new policy requiring officers to carry Tasers. In 2009, she suffered a heart attack but was later cleared to return to work without restrictions. Jacqueline Lewis, an African-American woman with a documented heart-condition, was a detective with the Union City Police Department. In order to prove discrimination in Title VII cases under the new guidelines, a Plaintiff must show that other people were treated differently under the same or similar situations, and that those other people were “similarly situated in all material aspects.” Of course this new test still requires an inquiry into the specific facts of each case, but it at least offers some clearer guidance that will hopefully help both employers and employees understand the law around workplace discrimination. Court of Appeals for the Eleventh Circuit – which covers Florida, Georgia, and Alabama – clarified what the term “similarly situated” means for purposes of Title VII claims of intentional discrimination.