In establishing similarly-situated comparators for a disparate treatment claim based in misbehavior, the misbehavior of the comparators must be proved.
Retribution claim must be proven beyond proximity in time.
http://media.ca1.uscourts.gov/pdf.opinions/17-1512P-01A.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.