Pretext-by-discrimination

QUESTION PRESENTED FOR REVIEW 1. Applicable to the Title VI of the Civil Rights of 1964 or 42 U.S.C. 1981, did Plaintiff prove pretext by discrimination by showing “weakness, ; implausibilities, inconsistencies, incoherencies or contradictions in the employer’s proffered legitimate reason for its action”? 2, Circuit Courts are in conflict with the phrase “similarly situated” and the stage of McDonnell Douglas comparator evidence should be analyzed. Applicable to Supreme Court precedent, what is the proper standard to apply to similarly situated comparators: “nearly identical’ standard, “all material respects” standard or some other standard? 3. When there is evidence of “comparable seriousness,” does the Honest Belief Rule apply to comparator evidence at the tertiary stage of McDonnell Douglas framework? 4. Are Courts allowed to use untested or inadmissible evidence at the second stage of McDonnell Douglas framework?