Inconsistent discipline is the most common evidence of pretext, and consistency is achievable with modest structure.
A central record. All discipline logged in one place with the conduct, the policy, the level imposed and the decision-maker. Without it, consistency cannot be assessed and cannot be proved.
Check before imposing. Search the record for comparable conduct in the preceding period and confirm the proposed level is consistent. Where it differs, document why — different role, different history, aggravating circumstances, intervening policy change.
Comparators are not identical cases. The question is whether the conduct was of comparable seriousness and the circumstances were similar, not whether the facts match. Employers who distinguish comparators on immaterial differences are not believed.
Levels. A defined framework — coaching, verbal warning, written warning, final warning, termination — with the conduct categories that warrant skipping steps.
Decision-maker review. For terminations, a second reviewer outside the reporting line.
Timing. Discipline imposed promptly. A months-old incident used to justify a termination that follows a complaint is not credible.
Documentation of the reason as it was actually understood at the time, since the reason given later will be compared to it.