The Employee Rights Advocacy Institute For Law & Policy (The Institute), NELA’s related charitable public interest organization, is pleased to announce the publication of Cracking The Comparator Code , the third article in The Institute’s Summary Judgment Toolkit Series, an activity of the National Litigation Strategy Project (NLSP)
Second, in finding that the plaintiff’s prima facie case failed because she could not point to a “nearly identical” comparator, the district court ran afoul of Christiansburg’s admonition against engaging in “post hoc reasoning.” The court did just that by concluding after discovery and the submission of comparator evidence at summary judgment that the plaintiff’s claim was frivolous, because it decided that there was not sufficient evidence to support the case
Turner amicus brief_07.23.2014_FINAL.pdf
Specific topics include managing the administrative exhaustion process where one claim requires exhaustion and the other does not; strategic and logistical issues in handling opt in collective action and opt out Rule 23 classes; considerations related to comparators; how the defenses under the EPA and the disparate impact/business justification defenses relate to one another; the impact of adding EPA claims on the statistical analysis; how to prove these claims; and settlement issues
She also reminded the attendees of the dangers that can arise if one pleads legal theories rather than facts, and provided a series of words and phrases (e.g., “comparator,” “similarly situated,” and “pattern or practice,”) that litigants should generally avoid using in their pleadings
To assist employee rights advocates in defeating summary judgment, The Institute publishes the popular “ Summary Judgment Toolkit Series ,” a collection of white papers (available at no charge) that provide valuable strategic and practical pointers on the problems that workers often confront at summary judgment such as stray remarks, adverse credibility inferences, and comparator evidence
On January 26, 2017, NELA joined the ACLU Women’s Rights Project and approximately two dozen other civil rights and public interest groups in filing an amicus brief in the U.S. Court of Appeals for the Fifth Circuit on behalf of the Plaintiff-Appellant in Luke v. CPlace Forest Park SNF, LLC ....
Luke v. CPlace_5th Cir_Amicus Brief_Filed_012617.pdf
On January 11, 2018, NELA joined a coalition of civil rights and gender equity groups in signing an amicus brief filed by the ACLU Women's Rights Project (WRP) and the Center for WorkLife Law (CWLL) in Legg et al. v. Ulster County (2d Cir.). This case concerns the appropriate interpretation...
Legg v. Ulster County_ACLU CWLL NELA Amicus Brief_2d Cir_011118.pdf
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