Whether the standard for the second prong of a prima facie case of discrimination under the McDonnell Douglas v. Green's burden-shifting analysis is the plaintiff's objective qualification or the employer's 'legitimate expectations'

QUESTIONS PRESENTED . ; 1. Whether, in accordance with this Court’s directive that the standard for the second prong of a prima facie case of discrimination under the McDonnell Douglas v. Green’s burden-shifting analysis is the plaintiff ‘s . objective qualification, or instead the standard created by the Eighth Circuit that requires the employer’s “legitimate expectations”? 2. Whether this Court’s instruction in Crawford v. Metro. Gov't of Nashville & Davidson Cty., 555 U.S. 271 (2009) that an employee who communicated to his or her employer a belief that the employer has engaged _.. ‘in a form of employment discrimination in violation of Title VII, virtually . always constitutes protected activity, or instead, employer’s conduct must be ; illegal for employee to engage in protected activity? 3. Whether under Title VII, unsubstantiated: accusations of . incompetency, harassment, alienating, ridiculing employee, punishing employee without investigation, coercing an employee to use a name preferred by ‘an employer, and employer’s plan to intimidate an employee . who engaged in protected activity that interfered with the employee’s work condition and work-relationship constitute hostile work-environment? . 4, Whether an employer who failed to investigate discrimination complaint violates Title VII? . ; 5. Whether a trial court has discretion to not adjudicate claims before it that it has jurisdiction over? : |