An article from

Dive Brief

Comparators can make or break many types of employment lawsuits, including those involving protected leave.

Published Sept. 3, 2026

U.S. Sen. Tammy Duckworth, D-Ill., speaks during a news conference to discuss the Family and Medical Leave Act, on Feb. 1, 2023, in Washington, D.C. A Michigan worker can proceed with an FMLA retaliation claim after his employer could not explain why his role was terminated while a similar one was retained, a judge determined.