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Who is a similarly situated employee?

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In Florida employment cases, if you’re trying to bring a claim that you’ve been discriminated against based on a protected trait such as your race, religion, national origin, or sexual orientation, many times to be able to bring and show that claim you have to show that you’ve been treated differently than similarly situated employees. A similarly situated employee doesn’t have to be somebody in the exact same position as you, but you want it to be somebody who’s in a substantially similar position enough so that you’re comparing apples to apples when you’re showing that you’ve been treated differently than other individuals in the workplace. That’s the way that you can bring a claim for discrimination in the workplace by showing that you have been subject to a discriminatory action that similarly situated employees have not been subjected to.

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