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That would depend on why the other employee is being treated differently. There is nothing in the law that requires an employer to treat everyone exactly the same. The employer can even be unfair in their treatment.
However, an employer can't be unfair in their treatment for certain reasons. For instance, an employer can't say "I'll treat men one way and women another" as that is gender discrimination.
The employer can't make decisions based on race, religion, gender, age, disability or recent FMLA use. However, if there are other reasons which, even if unfair, are not one of those, it wouldn't be illegal for the employer to treat one person more favorably than another. Without one of those illegal motivations mentioned, courts would just consider it "office politics" and they do not get involved in that.
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