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The “Similarly Situated Employee”

September 27th, 2017

Philadelphia Employment Discrimination Lawyers: The “Similarly Situated Employee”If you have experienced a “glass ceiling” or any other employment discrimination problem at work, and you file a claim against your employer, the courts will compare your treatment to that of “similarly situated employees.” The definition of that term varies depending on the type of case, but it means that your role at work is directly comparable to your co-worker’s role in all material respects.

The way your company treated a similar employee will be the gauge the courts use to determine the outcome of your case. Questions the court may consider when comparing your role and treatment to a comparable employee’s role and treatment may include:

  • Do you have the same supervisor?
  • Do you have the same responsibilities?
  • Do you have the same job evaluations?
  • Is your experience the same?

Although the court does not require that you match the role of the comparable person precisely, the number of similarities you share will determine if you are a similarly situated employee or not. Although not all federal courts require you to identify a comparable employee, it can certainly help to support your case if you do.

Identifying someone who has a similar role to yours early on in your case is important because it will give your legal team a better chance of proving that you were unfairly treated. The right attorney can help you identify all the ways you can strengthen your case.

If you have been discriminated against at work, please call the Philadelphia employment discrimination lawyers at Sidney L. Gold & Associates, P.C. We can guide you in making the best decisions and protect your workplace rights. Please call 215-569-1999, or contact us online for a free consultation.

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