Whether a plaintiff must demonstrate comparators are 'nearly identical' or merely 'similarly situated' in employment discrimination summary judgment proceedings, and whether courts must consider due process violations as material evidence of pretext

QUESTIONS PRESENTED This petition presents three questions pertaining to an employment’ discrimination plaintiffs evidentiary burden in summary judgment ; proceedings to prove the existence of a genuine issue for trial: . 1) Whether a plaintiff must demonstrate that . comparators proffered to show disparate . treatment are “nearly identical,” as the D.C. : Circuit requires, or only “similarly situated,” as most other circuits require; 2) Whether a court may dismiss as mere _ “opinion” a plaintiffs sworn factual rebuttals : to disciplinary charges rather than accepting them as evidence of disputed facts; and 3) Whether a court must consider as material evidence of pretext facts proving that a , governmental employer violated due process “ in removing an employee.