Help me compliment this student post: Plaintiff's Pattern of Proof and Evidence It would be best if Tim used the McDonnell-Douglas test or the "In direct method". This is a 3 part test that includes, establishing the prima facie case for Tim as an employee of Sunnyside Cafe. This includes Protected Class: Tim is the only male waiter, so he belongs to a protected class based on gender. Qualification: Tim was qualified for his job, evidenced by the fact that he was hired by the same manager who terminated him. Adverse Employment Action: Tim was terminated, which is clearly an adverse action. Differential Treatment: Tim must show that similarly situated employees (the female employees) were treated more favorably under similar circumstances. Tim would best benefit from using circumstantial and comparative evidence. The fact that all of the other employees are women and they are treated better concerning parking would be an excellent form of comparative evidence. Although the fact that none of the other female workers received any disparate treatment, the circumstances surrounding the pattern act as good evidence that discrimination has occurred. Furthermore, the fact that Tim was not actually late and was still terminated for an infraction that is a common "pattern or practice" of working at Sunnyside Cafe as a member of the waitstaff. Although not specifically defined by Title XII of the Civil Rights Act, "pattern or practice" in this context refers to a company's standa