The Yale Law Journal

Suzanne B. Goldberg


Discrimination by Comparison

Suzanne B. Goldberg

120 Yale L.J. 728 (2011). 

Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary’s dependence on comparators—those who are like a discrimination claimant but for the protected characteristic—as a favored heuristic fo…