Ismael v. Roundtree: Clarifying The Coexistence And Application Of The McDonnell Douglas Pretext Analysis And The Convincing Mosaic Standard

Seyfarth Synopsis

The Eleventh Circuit's recent decision Ismael v. Roundtree, No. 25-10604 (11th Cir. Dec. 5, 2025) reversed the United States District Court for the Southern District of Georgia's grant of summary judgment in favor of Defendants and held "the District Court improperly conflated the McDonnell Douglas pretext analysis and the 'convincing mosaic' standard." In doing so, the Eleventh Circuit reaffirmed that summary judgment turns on the ultimate question of discriminatory or retaliatory intent – not whether a plaintiff can successfully dismantle an employer's explanation. The Court provided guidance for evaluating employment discrimination and retaliation claims at the summary judgment stage, and specifically instructed district courts to consider whether a plaintiff has provided sufficient circumstantial evidence that creates a convincing mosaic of discrimination or retaliation when a plaintiff cannot establish the McDonnell Douglas prima facie case and when a plaintiff cannot demonstrate that the employer's proffered rationale is pretextual.

Factual and Procedural Background

This case stems from Ahmed Ismael's ("Ismael") employment with the Richmond County Sherriff's Office ("RCSO") as a deputy sheriff. Ismael, who is of Iraqi Arabic descent, alleged RCSO terminated his employment in retaliation for filing a harassment complaint. Ismael's harassment complaint included allegations that a lieutenant, who was assigned to the same detail as Ismael and was the Commander of the RCSO SWAT Team Ismael hoped to join, continuously made racist remarks including calling Ismael a "terrorist," telling him to "go play in the sand," and warning their colleagues Ismael "may have a bomb." Eight days after Ismael filed his harassment complaint, his employment was terminated for violating the RCSO's "Manner of Conduct" policy when he allegedly: (i) visited Burke County in his patrol car to inquire about employment opportunities while still on Richmond County time; and (ii) visited Burke County in his patrol car to interview for a position.

In his lawsuit, Ismael made claims of retaliation in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and conspiracy to deprive him of equal protection under the law in violation of 42 U.S.C. §§ 1985 and 1986. After amending his original complaint twice, Ismael retained only his § 1981 claim. Defendants moved for summary judgment and, in response, Ismael presented circumstantial evidence in support of his claim. The District Court granted Defendants' motion for summary judgment based on its finding that although Ismael established a prima facie case under McDonnell Douglas, Defendants properly articulated a legitimate, non-retaliatory reason for Ismael's termination and Ismael "'failed to prove' that the defendants' articulated reason was a pretext for retaliation."

The Court's Untangling of the McDonnell Douglas Pretext Analysis and the Convincing Mosaic Standard

On appeal, the Eleventh Circuit expounds its view of the relationship between the McDonnell Douglas framework and the convincing mosaic standard, referring to the framework established in McDonnell Douglas Co v. Green, 411 U.S. 792, (1973) as "famous yet ill-understood." The three-part evidentiary burden shifting framework set forth in McDonnell Douglas includes the following steps: (i) the employee must demonstrate a prima facie case¹; (ii) the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the adverse action; and (iii) if the employer provides a legitimate reason, the employee has the opportunity to demonstrate that the employer's proffered rationale is pretextual.

But as the Eleventh Circuit emphasized, McDonnell Douglas is an evidentiary aid – not a substantive rule – and its failure does not end the summary judgment inquiry. Rather, as the Court held in Smith v. Lockheed-Martin Corp., 644 F.3d 1321, 1328 (11th Cir. 2011), (1) "a 'plaintiff will always survive summary judgment if he presents circumstantial evidence that creates a triable issue concerning the employer's discriminatory intent' and (2) that a 'triable issue of fact exists if the record, viewed in a light most favorable to the plaintiff, presents a convincing mosaic of circumstantial evidence that would allow a jury to infer intentional discrimination by the decisionmaker." The Court's holding in Smith is often referred to as the "convincing mosaic standard." Despite confusion regarding the creation and application of the convincing mosaic standard, the Court over time has made it clear that this standard is "a stand-in" or "rearticulation of the summary judgment standard" that should be applied to employment discrimination and retaliation claims. Thus, a plaintiff who cannot establish a prima facie case under McDonnell Douglas is nonetheless still entitled to a full review under the convincing mosaic standard.

Here, the District Court found Ismael met his prima facie burden and therefore proceeded to evaluate steps two and three of the McDonnell Douglas framework. After finding Ismael failed to raise an inference of pretext at step three, the Eleventh Circuit explained that the District Court improperly declined to analyze the evidence Ismael presented under the convincing mosaic standard. In doing so, the District Court had reasoned that a separate analysis would be redundant because "'the terms pretext, convincing mosaic, and summary judgment are substantively the same thing' and . . . 'the pretext prong . . . is the same as the ordinary summary judgment standard.'" The Eleventh Circuit not only rejected the District Court's reasoning, but clarified that in order to establish pretext, a plaintiff must show the employer's proffered reason was false and that discrimination was the real reason for the adverse employment action. Notably, the latter requirement is focused on the same inquiry as the convincing mosaic standard whereas the former requirement is not. Therefore, the Eleventh Circuit held it would be erroneous for a court to require a plaintiff to negate a defendant's legitimate, non-discriminatory reason to defeat a motion for summary judgment because: (i) this is not required to succeed at trial; and (ii) it takes away from the plaintiff's affirmative case that the driving cause for the adverse employment action was illegal discrimination or retaliation.

Ultimately, because the District Court analyzed Ismael's retaliation claim only through the McDonnell Douglas pretext lens, the Eleventh Circuit reversed and remanded the case with instruction to the District Court to apply the correct summary judgment standard which requires the District Court to ask whether Ismael's circumstantial evidence, when artfully adhered together and viewed as one, allows a reasonable juror to envision an image of retaliation and find in Ismael's favor.

Looking Ahead: The Eleventh Circuit's Roadmap for Review of Summary Judgment Motions

In an effort to stop courts from "find[ing] new ways to incorrectly apply the framework as a substantive doctrine", the Eleventh Circuit provided a roadmap based on whether a plaintiff can or cannot demonstrate a prima facie case.

Under the Eleventh Circuit's roadmap, if a plaintiff can establish a prima facie case, they are entitled to a rebuttable presumption of illicit intent. If the defendant is able to present evidence that successfully rebuts the presumption, the court must ask whether the evidence presented by the plaintiff presents a convincing mosaic of circumstantial evidence that would allow a jury to infer intentional discrimination or retaliation by the decisionmaker. Indeed, a showing of pretext (or lack thereof) would be relevant to the court's inquiry. However, a plaintiff's inability to disprove the defendant's rationale cannot be the sole grounds for summary judgment.

On the other hand, if a plaintiff cannot establish a prima facie case, they do not automatically lose summary judgment by default. "[T]he consequence is that the plaintiff must produce enough evidence, on their own and without any helpful evidentiary burdens or presumptions, to demonstrate a material issue of triable fact." Simply put, the court should immediately engage in the convincing mosaic inquiry.

Key Takeaways for Employers

Although the plaintiffs' bar may characterize Ismael as a significant expansion of employee protections, the Eleventh Circuit did not establish a new framework or a new standard for evaluating summary judgment motions in employment discrimination and/or retaliation cases. Rather, the Court provided clarity and practical guidance regarding the coexistence and application of the longstanding McDonnell Douglas pretext analysis and the convincing mosaic inquiry.

As has always been the "rule," employers cannot rely solely on the McDonnell Douglas pretext analysis to prevail on a motion for summary judgment. Because the Eleventh Circuit has reiterated to district courts that they must consider the entire convincing mosaic of circumstantial evidence (even when pretext cannot be conclusively negated), employers should continue ensuring any adverse employment actions are well documented and that employees are treated consistently with respect to company policies. The Ismael opinion highlights that inconsistent documentation, or the misapplication of company policies (even among those employees not traditionally considered "comparators"), could contribute to the "mosaic" that supports a plaintiff's discrimination and/or retaliation claim. In particular with respect to retaliation claims, the decision also is a strong reminder of the importance of separating decision-makers from employee complaints and the investigation process. And finally, training supervisors on appropriate workplace behavior remains crucial.

Contact a member of the Seyfarth team to learn more about how employers can better navigate employment discrimination and retaliation laws, reduce litigation risk, and foster a compliant workplace environment.

Footnote

1. To establish a prima facie retaliation claim, "a plaintiff must show that: (i) they engaged in a protected activity; (ii) that they suffered a material adverse employment action; and (iii) that there was a causal connection between the protected activity and the adverse action."

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