Whether the United States Court of Appeals incorrectly applied the McDonnell Douglas burden-shifting test

QUESTIONS PRESENTED. The following questions are presented: 1. Whether the United States Court of Appeals incorrectly applied the McDonnell Douglas burden-shifting test to petitioner’s retaliation or discrimination statutory claims in determining the evidentiary proof required by the parties with respect to their burden of production or burden of persuasion to hold the employer liability for the misconduct of petitioner’s direct supervisor? Or, in the alternative, whether the employer is vicariously liable for the misconduct of the direct supervisor who participated in the process which ultimately culminated in petitioner’s firing or the ultimate firing decision itself? . 2. Whether the Court Appeals misapplied the standard of review dictated by the Federal Rule of Civil Procedure 15, 41, or 56? 3. Whether the Court of Appeals for District of Columbia Circuit applied a more onerous legal standard to petitioner’s D.C. law based claims than governing legal precedent permit? i PARTEIS The petitioner is Dr. Charlesworth Rae (“Rae”). The respondents are Children’s National Medical Center (““CNMC”), Dr. Kurt Newman (“Newman”), Darryl Varnado (“Varnado”), Wilhemina DeShazo (“DeShazo’’), Denise Cooper (“Cooper”), Zandra Russell (“Russell”), Dr. . Ursula Tachie-Menson (“Tachie-Menson”), and Dr. Sarah Donegan (“Donegan”), (collectively, “respondents”).