Does the reliance of federal courts on subjective judgments concerning the communicative competence of the plaintiff constitute an unreasonable obstacle to successful litigation of Title VII national origin discrimination claims?

QUESTION PRESENTED In Title VII cases alleging discrimination based on national origin, does the reliance of federal courts on subjective judgments concerning the communicative competence of the plaintiff constitute an unreasonable obstacle to successful litigation of these claims, and if so, must a procedure for establishing communicative competence in such cases be instituted, which ensures its determination turns on objective evidence? u STATEMENT OF RELATED CASES * Virgil M. Lorenzo v. Patrick M. Shanahan, Acting Secretary, Department of Defense, No. 19-cv-1128, U.S. District Court for the Southern District of California. Judgment entered October 29, 2021. * Virgil M. Lorenzo v. Lloyd J. Austin III, Secretary, Department of Defense, No. 21-56381, U.S. Court of Appeals for the Ninth Circuit. Judgment entered November 4, 2022.