similarly situated employee

Employee wins federal appeal involving commonly-used defenses in employment discrimination cases

The U.S. Court of Appeals for the Fourth Circuit issued a decision (Haynes v. Waste Connections, Inc.) this week that reversed in the employee’s favor.  The opinion tackles many commonly-used defenses by employers in employment ...

Who is a “similarly situated” employee? New answers from a federal appellate court shed some light

A recent federal court of appeals case sheds new light on the question of who should be considered a “similarly situated employee” as compared to the plaintiff in an employment discrimination case. The context in ...

Ruth Bader Ginsburg, Max Scherzer, a $5 million settlement, and how they all relate to workplace parental leave policies

Washington Nationals’ pitching ace Max Scherzer recently took parental leave and helped shine a light on a hot employment topic: ensuring that employers’ parental leave policies are fair and gender-neutral. This issue also gained attention ...

Just who are you equal to under the Equal Pay Act?

The Equal Pay Act (EPA) prohibits employers from paying unequal wages for equal work and the law specifically prohibits wage discrimination on the basis of gender. To prevail on a claim of wage discrimination under ...

Why Serena Williams’ Tennis Ranking Matters In The Corporate World

Serena Williams recently returned to tennis after taking time off for her pregnancy, and she immediately faced questions on the extent to which her ranking should be affected by her pregnancy leave. The tennis world ...

Class action gender pay discrimination case settles for $45 million

Family Dollar agreed to pay $45 million to a class of female store managers who sued the company claiming they had been paid less than male store managers.  Earlier this week, a federal court approved ...

Strength in numbers: how to use evidence of discrimination against other employees

In glass ceiling, promotion discrimination, and harassment cases, an important source of information is often the way in which the company has treated other employees. For example, in a race discrimination glass ceiling/promotion discrimination case, ...

How do I show I’m the better-qualified candidate in a promotion discrimination / glass ceiling case?

You’ve been working in a high-level position with your company for years, and were recently passed over again for a promotion in favor of someone you think is clearly less qualified.  But that begs a ...

Who is considered a “similarly situated employee” in my employment discrimination case?

In a glass ceiling or other employment discrimination case, one of the factors a court will likely analyze is how the company treated you compared to other “similarly situated employees.” The precise definition of who ...

Just who are you equal to under the Equal Pay Act?

The Equal Pay Act (EPA) prohibits employers from paying unequal wages for equal work and the law specifically prohibits wage discrimination on the basis of gender. To prevail on a claim of wage discrimination under

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