A comparator is not simply a coworker
Useful comparisons may involve similar jobs, decision-makers, policies, conduct, qualifications, time periods, or performance standards. Which factors matter depends on the claim and employer's stated reason. A person can be similar in one relevant respect and different in another.
Build the comparison factor by factor
| Factor | Record to compare |
|---|---|
| Decision-maker | Who recommended, reviewed, and approved each action |
| Role and duties | Job descriptions and work actually performed |
| Policy or standard | The same rule, goal, qualification, attendance system, or selection criterion |
| Conduct or performance | Specific event, severity, history, metrics, warnings, and response |
| Timing and context | Worksite, department, supervisor, business conditions, and relevant period |
| Treatment | Pay, schedule, discipline, promotion, accommodation, assignment, layoff, or termination outcome |
Relevant differences must be recorded too
A comparison can be misleading if it omits different supervisors, duties, history, decision dates, policy versions, qualifications, or conduct. Record differences openly and ask whether each one relates to the employer's explanation.
Where comparator evidence comes from
- Policies, job descriptions, organization charts, and decision criteria.
- Your own reviews, schedules, pay, discipline, application, or selection records.
- Lawfully obtained information about how the employer applied the same rule.
- Agency investigation material or litigation discovery when available through the proper process.
- Witnesses with firsthand knowledge rather than workplace rumor.
How to describe a comparator in a consultation
Use a short table: employee role, decision-maker, relevant standard, conduct or qualification, timing, outcome, and known differences. Do not include sensitive personal data you are not entitled to possess. Ask which comparison is legally relevant rather than assuming the closest coworker is the correct comparator.
Common questions
Must a comparator be identical?
No. The relevant similarities and differences depend on the claim and decision; exact identity is not a universal requirement.
Can someone outside my job title be a comparator?
Possibly, if the person is similar in the factors that matter to the decision. Job title alone does not settle relevance.
What if I do not have coworker records?
Document what you know lawfully. Agencies or litigation procedures may obtain records that an employee cannot access directly.
Official sources and governing guidance
Open the source that matches the issue and confirm coverage, jurisdiction, current instructions, and any deadline directly.