Comparator
evidence is the phrase used to refer to a common type of
evidence that is proffered to demonstrate
discrimination or the lack thereof, by comparing the treatment of the aggrieved plaintiff to the treatment of a non-
class member person who is similarly situated in all relevant respects. For example, the female plaintiff may attempt to advance
evidence that shows that a male employee who is “similarly situated” in all respects is treated
materially better than she. On the other hand, the defendant employer may attempt to introduce
evidence that a male employee who is “similarly situated” in all respects is treated worse or the same as the female plaintiff.
Much
litigation exists regarding the definition of “similarly situated” and whether the non-protected
class person is truly similar in all relevant respects. The basic
issue is whether the comparison of the plaintiff to the other non-
class member individual is a fair comparison, such that it would enable a
factfinder to draw a relevant and reasonable conclusion regarding the comparison.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
