To prove a disparate treatment case: the plaintiff must:

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To prove a disparate treatment case, the plaintiff must provide evidence that the defendant treated them differently because of a protected characteristic (such as race, gender, or age). If the defendant presents a legitimate reason for the different treatment, the burden shifts to the plaintiff to show that that reason is merely a pretext for discrimination. The plaintiff does not necessarily need a witness to testify that intentional discrimination occurred, nor do they need to prove that the defendant has discriminated similarly in the past.

To Prove a Disparate Treatment Case: the Plaintiff Must