context: The EEOC's effort to discredit the expert reports is misguided. It argues that "both experts focused only on the tiny subset of employees who took amounts of leave similar to the Class Members' maternity leaves." (EEOC Br. at 27.) However, both experts used sets of long-leave takers that contained more individuals than the EEOC included in the entire class when the experts made their comparisons.
citation_a.signal: no signal
citation_a.identifier: 123 F.Supp.2d 91, 97
citation_a.parenthetical: "[T]he plaintiff must show that similarly situated individuals of a different group were treated differently."
citation_a.sentence: Smith v. Xerox Corp., 196 F.3d 358, 370-71 (2d Cir.1999), overruled on other grounds by Meacham v. Knolls Atomic Poiuer Lab., 461 F.3d 134 (2d Cir.2006); Minott, 116 F.Supp.2d at 521; Adler v. Kent Vill. Housing Co., 123 F.Supp.2d 91, 97 (E.D.N.Y.2000) (“[T]he plaintiff must show that similarly situated individuals of a different group were treated differently.”); cf. Fisher, 70 F.3d at 1448 (stating that the way to prove sex discrimination “predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b) the ... experience of men who had also taken long leaves of absence”). Making a comparison to similarly situated employees is essential to proving a discrimination case because it is only illegal to treat employees of a protected class differently from similarly situated employees.
citation_b.signal: cf.
citation_b.identifier: 70 F.3d 1448, 1448
citation_b.parenthetical: stating that the way to prove sex discrimination "predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b
citation_b.sentence: Smith v. Xerox Corp., 196 F.3d 358, 370-71 (2d Cir.1999), overruled on other grounds by Meacham v. Knolls Atomic Poiuer Lab., 461 F.3d 134 (2d Cir.2006); Minott, 116 F.Supp.2d at 521; Adler v. Kent Vill. Housing Co., 123 F.Supp.2d 91, 97 (E.D.N.Y.2000) (“[T]he plaintiff must show that similarly situated individuals of a different group were treated differently.”); cf. Fisher, 70 F.3d at 1448 (stating that the way to prove sex discrimination “predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b) the ... experience of men who had also taken long leaves of absence”). Making a comparison to similarly situated employees is essential to proving a discrimination case because it is only illegal to treat employees of a protected class differently from similarly situated employees.