An en banc panel of the Eleventh Circuit Court of Appeals on Tuesday debated just how similar the factual allegations between a party claiming employment discrimination must be to those of another employee whose circumstances were similar, but didn’t end in discipline, to remain viable in court.

As the 11-judge panel debated the case of a former Union City police officer who was fired after she refused to be shocked with a Taser as part of her training, the panel questioned whether their own circuit has been too stringent in applying the “nearly identical” standard of such “comparator” evidence.