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For disparate treatment you need to show someone who’s similarly situated, which means someone who’s like you in most respects that they were treated better than you were treated, and it’s because of that protected class status that you were treated less favorably. We talk about folks being equal opportunity harassers, so if someone’s generally a jerk to men and women that’s not going to be disparate treatment because they’re treating men and women the same. Versus if someone’s a jerk just to the women that is going to be disparate treatment because it’s based upon that protected class status.
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Minneapolis employment law attorney Sara Gullickson McGrane explains what is needed to allow for a claim for disparate treatment.