Labor/Employment
May 20, 2006
'Inappropriate Comparator' Defense Can Be Undoing of Discrimination Suits
Employment Column - By John A. Vogt - Obtaining summary judgment in defense of a discrimination claim is difficult, to say the least. Oftentimes, myriad fact issues exist that prevent summary disposition before trial. Over the past two decades, however, there has emerged a body of case law that has established some statistical parameters to guide practitioners seeking to obtain summary judgment on a discrimination claim - creating what has come to be called an "inappropriate comparator" defense.
By John A. Vogt
Obtaining summary judgment in defense of a discrimination claim is difficult, to say the least. Oftentimes, myriad fact issues exist that prevent summary disposition before trial. Over the past two decades, however, there has emerged a body of case law that has established some statistical parameters to guide practitioners seeking to obtain summary ju...
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