June 29, 2015

Use of ‘comparator' evidence in a discrimination suit

The U.S.  District Court has granted summary judgments to Defendants on claims under Title VII and the LAD. In,  Houston v. Dialysis Clinic, 2015 U.S. Dist. LEXIS 83151, 12-13 (D.N.J. June 26, 2015), the plaintiff alleged she had been terminated because of her race.
 In opposing the defendants’ motions, she relied upon “comparator evidence” which requires that a plaintiff  prove that she is “similarly situated” to her comparators and that these employees have been treated differently or favorably by their employer having committed comparable infractions and the discipline assessed was by the same supevisor.