context: In disparate pay cases, if a plaintiff cannot show her job responsibilities are substantially the same as the comparators, she cannot establish a prima facie case by comparing her compensation to that of the comparators.
citation_a.signal: see also
citation_a.identifier: 601 Fed.Appx. 280, 285
citation_a.parenthetical: plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience
citation_a.sentence: See, e.g., Johnson v. TCB Const. Co., 334 Fed.Appx. 666, 670-(5th Cir.2009) (plaintiff’s attempt to compare his job to an operator’s for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job); see also Jackson v. Honeywell Int’l, Inc., 601 Fed.Appx. 280, 285 (5th Cir.2015) (plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience). Simply put, “[e]mployees who hold different job positions are not similarly situated.”
citation_b.signal: see
citation_b.parenthetical: plaintiff's attempt to compare his job to an operator's for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job
citation_b.sentence: See, e.g., Johnson v. TCB Const. Co., 334 Fed.Appx. 666, 670-(5th Cir.2009) (plaintiff’s attempt to compare his job to an operator’s for disparate pay purposes failed because plaintiffs work and that of the operators was not substantially the same job); see also Jackson v. Honeywell Int’l, Inc., 601 Fed.Appx. 280, 285 (5th Cir.2015) (plaintiff failed to establish a prima facie case of racially motivated disparate pay, because the two white comparator employees were hired at different times, held different positions, apd worked under different supervisors, and there was no evidence that the plaintiff and these white employees had similar job duties, disciplinary histories, or levels of experience). Simply put, “[e]mployees who hold different job positions are not similarly situated.”