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WHO IS A COMPARATOR UNDER TITLE VII? Proof of Illegal Discrimination
To understand a discrimination claim based upon "disparate treatment," one must first understand what the term "Comparator means.
1) the Comparator must be of a different sex (or race,sex, national origin, etc.) than you are.
2) the Comparator must be employed in the same or virtually same position that you are. If you are a Manager, and your proposed comparator is and hourly employee, that person is not a “Comparator.”
3) the alleged misconduct you engaged in must be similar to that of your Comparator. If you were 45 minutes late 3 days in a row, and your proposed Comparator was 5 minutes late on one occasion, that person is not your Comparator.
4) in order to have a claim you must have been subjected to adverse employment action, i.e. suspended, demoted, passed over for promotion, fired, etc. It has to be material employer discipline, i.e. not a write up, or a stern talking to, etc.
5) since the issue is employer choice to favor one employee over another (i.e. discrimination), the employer must have been made aware of the Comparator’s alleged misconduct. So, for example, if the employer knew that you were late on three occasions, but did not know your proposed comparator was also late on 3 occasions in the past, the employer did not make a choice, and therefore you cannot prove disparate treatment.
6) finally, if all other conditions are met, you must prove that the Comparator was subjected to less harsh employment discipline then you were.
WHAT IS DISPARATE TREATMENT
UNDER TITLE VII?
To make things easy here, we are going to apply the legal principles at issue to a claim of discrimination based upon sex.
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| Singled Out and Treated Differently? |
In order to prove your disparate treatment
sex discrimination claim, one must prove
1) that a Comparator was male;
2) that
a Comparator had a position within the company that was nearly identical to
yours;
3) the Comparator must have engaged in (mis)conduct) that was similar to
that you are being accused of;
4) you must have been subjected to “adverse
employment action” as a result of your alleged misconduct;
5) the employer must
have been made aware of the Comparator’s alleged misconduct;
6) your Comparator must have been subjected to
lesser adverse employment action than you were.
HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What
is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal
in Pennsylvania
What
is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal
in Pennsylvania
Employee Complaints and
Retaliation - What is Legal and What is Illegal
FILING A CHARGE OF
DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS
United States Employment and Discrimination Laws - An
Overview by Pennsylvania Employment Lawyer
DO I HAVE A CASE FOR
DISPARATE TREATMENT DISCRIMINATION?
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| Loss of Earnings Important Consideration for Employment Lawyer |
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