Employment lawyer Amanda Farahany of Atlanta's Barrett & Farahany was critical of the court's conclusion.

“The Eleventh Circuit has taken a confusing standard and made it convoluted, and increased the burden on plaintiffs,” said Farahany, who is not involved in the case. “The only thing that is clear is that the courts continue to deny plaintiffs the right to a jury trial by putting themselves in the role of a jury and having judges weighing the facts.”

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