An employee may prove disparate treatment by showing that other employees were similarly situated for comparison purposes, and not “identically situated.”

“[An employee] sets forth the factors for similarly situated employees as follows: (1) they shared the same supervisor, (2) were subject to the same standards, and (3) engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer’s treatment of them for it.”

Hoffman v. Baylor Health Care System, 2014 WL 772672 at *8 (N.D. Tex. February 27, 2014) (Lindsay, J.).