Valentino and Hinkle Use Comparator Data to Resolve Discrimination Claim

Partners James Valentino and Ramsey Hinkle recently used comparator data to successfully resolve a discrimination matter on behalf of a former high-level executive in New York City.

The use of comparator data in employment discrimination cases is a powerful tool that can suggest discriminatory intent. Comparing the treatment of an employee who alleges discrimination to similarly situated employees who are not part of that employee’s protected class can highlight key trends and evidence that may be beneficial when negotiating a pre-trial settlement.

For instance, if a female employee is denied a promotion but male employees with similar qualifications and performance records are promoted, the disparity in treatment may help establish a claim of gender discrimination. The key is ensuring the comparators are truly similar in their job duties, performance, and other relevant factors.

In their most recent matter, Valentino and Hinkle represented an executive who had been with a company for decades. Although the company alleged that the termination was performance based, the attorneys argued that the dismissal was based on the executive’s gender, race, and age and therefore discriminatory.

Using comparator data, the attorneys produced specific counterpoints and discovered similarly situated employees who were not terminated despite having actual performance issues. The result was a pre-litigation resolution multiple times higher than the company’s initial severance offer.

An employee alleging employment discrimination rarely possesses “smoking gun” evidence proving the discriminatory intent of their employer. Rather, an employee will typically rely upon circumstantial evidence, reasonable inferences or comparator data to successfully prove their claim.