In many of today’s workplaces, it is increasingly rare for discrimination to occur out in the open. A lot of employers, aware of potential legal liability, have sought to eliminate blatant displays of discrimination. That’s not to say discrimination doesn’t still occur as often; it does. Only now, “pregnancy always makes women crazy” or “that’s a man’s job” is replaced by terminations and other discriminatory adverse actions encased in performance evaluation scores and human resources disciplinary policies.
One of the ways to succeed, even when you don’t have a “smoking gun,” is through something called “comparator evidence.” So, even without that “smoking gun” evidence (like your supervisor saying “old people just don’t have what it takes for this job”) you can still win by providing enough proof that you, as an older worker, got fired for a corporate policy violation, even though five younger co-workers violated the same rule and none of them were disciplined. To make sure that you have the proof your case needs for success, make sure you have a New Jersey employment attorney experienced in discrimination actions on your side.
A recent case from the federal courts provided some good news for workers seeking to win discrimination actions in federal court through the use of this “comparator” evidence. S.A., the plaintiff, worked in New Jersey for a chain of nutrition stores, serving as a store manager from 2001 until 2014. During his employment, S.A. received “numerous awards and accolades.” However, S.A. was fired in early 2014 and replaced by a new manager who was in his 20s. S.A. was 57.