What is Comparator Evidence and How Can it Help Prove Workplace Discrimination in New York?

What is Comparator Evidence and How Can it Help Prove Workplace Discrimination in New York?

Very few incidents of workplace discrimination are overt. Rarely does an employer draw a clear line between denying an otherwise highly qualified employee a well-deserved promotion and the candidate’s affiliation with a protected class (i.e. race, age, religion, etc.). Instead, employment discrimination tends to be subtle and indirect, making it challenging for an employee to know for certain that they suffered an adverse employment action because of a protected characteristic. Successful workplace discrimination claims in New York often rely on something called comparator evidence, which can help to demonstrate how similarly situated workers were treated differently from an employee of a different race, ethnicity, or other protected class.

Reporting workplace discrimination can be an intimidating prospect, especially if you are not completely certain that the incident qualifies as employment discrimination. Enlisting the guidance and support of a highly qualified and trusted New York employment discrimination lawyer is recommended so that you can understand your legal rights and options. If you have reported your concerns according to the protocols of your workplace (i.e., reporting the incident to Human Resources) and the employer has ignored you or retaliated against you in any way, it’s important to contact a New York workplace discrimination attorney right away. Together, you can explore your options for filing a claim and holding the employer responsible for violating your rights and breaking employment protection laws. Let’s take a look at the role of comparator evidence in an employment discrimination claim and how your skilled legal advocate can help you gather and present evidence of discriminatory intent on the part of your employer.

What is Comparator Evidence?

A successful workplace discrimination claim must show that the employee suffered an adverse employment action because of a protected characteristic, which include age, religion, disability, national origin, race, and sex, among others. To show that the employer’s action affected or targeted the employee belonging to a protected class, the plaintiff can show how similarly situated coworkers who shared the same employment history and qualifications (but who were not part of the same protected class) were not adversely affected. For instance, if two co-workers who were both late to work two days in a row were not disciplined in the same way (i.e., the employer did not chastise the white employee but disciplined the non-white employee for the same conduct), this incident could be used as comparator evidence to help prove a workplace discrimination claim.

Why Comparator Evidence Can Matter in Discrimination Cases

Most employers will provide an alternative explanation for an employment decision if someone accuses them of discrimination. Comparator evidence can raise questions about whether the employer’s explanation of the employment decision was applied consistently. Finding discrepancies between an employer’s treatment of similarly situated employees for the same conduct can help to support a workplace discrimination claim. Comparator evidence can be used in workplace discrimination cases pertaining to:

• Hiring and promotions
• Pay
• Job assignments
• Termination of employment

What Makes Another Employee a Useful Comparator?

If you are wondering how to prove employment discrimination in New York, these cases often rely on comparator evidence to highlight unequal treatment of similarly situated employees who engage in the same conduct. In order to identify a useful comparator, it’s important to look for someone who holds a similar position or has similar responsibilities. Additionally, you can find another employee who has:

• A similar performance history or qualifications
• Engaged in similar conduct or alleged violations of workplace rules
• Fulfilled similar roles as supervisors or decision-makers
• Similar circumstances surrounding the employment decision

It’s worth noting that the two employees do not necessarily have to be identical, but there should be enough similarities to show how the treatment of one employee differed from similarly situated workers (and that this discrimination was based on a protected characteristic).

Examples of Comparator Evidence in New York Workplace Discrimination Claims

There are several scenarios that can escalate into an employment discrimination incident. For instance, employees who have similar levels of performance and qualifications may be offered very different compensation terms can rely on comparator evidence to show workplace discrimination. Other instances of potential employment discrimination that could benefit from comparator evidence include:

• Similarly or less-qualified coworkers who receive promotions
• Employees that perform similar work end up having different career opportunities
• Inconsistent enforcement of workplace policies
• Performance standards being overlooked for some employees but used differently against others

Connecting Unequal Treatment to a Protected Characteristic

The most critical aspect of a successful workplace discrimination claim is tying the different treatment to a protected characteristic. Unequal or inconsistent treatment alone does not automatically prove that illegal discrimination has occurred. Instead, the employee must show that they suffered missed opportunities or adverse employment action because of a protected characteristic, such as their sex, age, disability, religion, national origin, or sexual orientation, among others. Showing a pattern of discrimination on the part of the employer towards employees of protected classes can also help to strengthen your workplace discrimination claim.

FAQs About Employment Discrimination Claims in New York

What is comparator evidence in an employment discrimination case?

Comparator evidence typically involves demonstrating how an employer treated similarly situated employees in circumstances that were similar to yours.

Does a comparator have to have the same job as I do?

Not necessarily. Whether another employee is considered comparable depends on various factors, such as their job responsibilities, supervisors, conduct, qualifications, and then employment decision at the heart of the issue.

Does being treated differently automatically prove discrimination?

No. The key issue is whether the difference in treatment can be connected to a protected characteristic or otherwise helps to establish discriminatory intent on the part of the employer.

Helping New York Employees Understand and Exercise Their Rights

As an employee, it can be difficult to identify whether you have been the target of workplace discrimination. The thought of reporting your concerns can be daunting, and you may worry about how speaking up could impact your career. At Levy Ratner, we believe in working closely with every client we serve to fully understand their concerns and identify the most strategic course of action. Please get in touch with our New York office today by calling (212) 627-8100 to discuss your options with a highly experienced and dedicated employment discrimination attorney.