What is a comparator discrimination?

The Definition of a Discrimination Comparator If the employee determines that her comparator makes more money than she does despite being otherwise an identical employee, the employee can file an Equal Pay Act claim.

Do you need a comparator for age discrimination?

In order for an employee to successfully claim direct age discrimination they will need to show that there is a real or hypothetical comparator who they have been less favourably treated in comparison to.

What is direct discrimination disability?

Direct discrimination is where you are treated less favourably because of your disability than someone without a disability would be treated in the same circumstances. This would make it more difficult for someone with a learning disability to access the services and could amount to indirect discrimination.

What are the characteristics of direct discrimination?

Direct discrimination. Direct discrimination is when someone is treated unfairly because of a protected characteristic, such as sex or race. For example, someone is not offered a promotion because they’re a woman and the job goes to a less qualified man.

What is the test for direct discrimination?

The test for ascertaining whether there has been direct discrimination (on grounds of race or sex) is to look at whether the individual would not have received the unfavourable treatment “but for” his/her sex or race. The subjective motives of the alleged discriminator are irrelevant.

What is the difference between direct disability discrimination and discrimination arising from disability?

‘Discrimination arising from disability’ is not limited to treatment because of a person’s abilities. It is unfavourable treatment ‘because of something arising in consequence of’ the disability (whereas direct discrimination is less favourable treatment because of the disability).

What’s the difference between direct discrimination and indirect discrimination?

Direct discrimination occurs when somebody is treated unfavourably because of a protected attribute. Indirect discrimination occurs when a requirement (or rule) that appears to be neutral and the same for everyone in fact has the effect of disadvantaging someone because they have an attribute covered by the Act.

Do you need a comparator in a discrimination case?

Again you may not need to find a comparator to show you were discriminated against. If you’re directly discriminated against because of disability, the comparator is someone who doesn’t share your disability but who has the same abilities and skills as you. The comparator can be someone who’s not disabled or someone with a different disability.

How to find a comparator in a disability case?

Finding a comparator in disability discrimination cases. If you’re directly discriminated against because of disability, the comparator is someone who doesn’t share your disability but who has the same abilities and skills as you. The comparator can be someone who’s not disabled or someone with a different disability.

When does direct discrimination occur because of a disability?

There is ‘direct discrimination’ if because of a disability an employer or service provider etc treats an individual less favourably than it treats or would treat others ( s.13 EqA ). The ‘other’ person who would not be treated in that way is known as the ‘comparator’.

Can a comparator have the same abilities as the claimant?

So, in a direct disability discrimination case, the comparator should have the same “abilities” as the claimant.

What is a comparator discrimination? The Definition of a Discrimination Comparator If the employee determines that her comparator makes more money than she does despite being otherwise an identical employee, the employee can file an Equal Pay Act claim. Do you need a comparator for age discrimination? In order for an employee to successfully claim…