Does the 7th Amendment to the United States Constitution prohibit courts from measuring degrees of similarity to grant summary judgment on the factual issue of who is a similarly situated employee, and is a uniform objective standard the proper way to decide this issue?

QUESTIONS PRESENTED Context: In 1978 this Court established the McDonnell Douglas analysis for Title VII employment discrimination cases. 1 This analysis is a three-step burden-shifting framework now used for summary judgment motions: [f 1) a plaintiff establishes a prima facie case of discrimination, then 2) the defendant-employer must provide a legitimate and non-discriminatory reason for the adverse employment action at issue; if, and only if, such a reason has evidentiary support, then 3) the plaintiff must show that the defendant’s reason was pretext for discrimination.? A result implying discrimination — sends the case to a jury otherwise it ends. A prima facie case consists of: 1) plaintiff being part of a protected class; 2) plaintiff having been qualified for the position; 3) plaintiff having been fired; and 4) the firing implying discrimination.’ Discrimination can be implied by the : employer’s less favorable treatment of the plaintiff compared to 1 McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). ? Morales, 374 F. Supp. 3d at 268. 3 Id. I a similarly situated employee, a comparator, outside of the protected class who committed comparable conduct.* This : creates another factual issue: whether the defendant’s reason is pretext for discrimination.® Finding discrimination is, therefore, essential. The result directly leads to either dismissal or a jury. Without direct evidence, finding differently treated similarly situated comparators is key. This factual finding is often made by courts . without a uniform method. 1. Does the 7th Amendment to the United States Constitution prohibit courts from measuring degrees of similarity to grant summary judgment on the factual issue of who is a similarly situated employee, and is a uniform objective standard the proper way to decide this issue? 2. Can an accuracy disclaimer of a map website used to track miles, and knowledge that a mileage calculation does not perfectly track actual routes reasonably support that a mileage report was fabricated or knowingly inaccurate? 4 Id. 5 Campbell, No. 19-1345-cv at 6. I