Should the McDonnell Douglas burden shifting test remain in employment discrimination cases involving 42 U.S.C. § 1981?

QUESTIONS PRESENTED 1. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis in employment discrimination cases, and in particular for claims involving section 42 U.S.C. § 1981? 2. Does placing the similarly situated analysis in the prima facie case rather than in the pre-text stage of the McDonnell Douglas test deprive alleged victims of discrimination their 72 amendment rights? Petitioner seeks a writ of certiorari to review the judgment of the United States Court of Appeals for the Eleventh Circuit.