McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) set forth a judicially-created analytical framework which shifts the burdens in federal discrimination cases. Members of this Court, however, have had recent doubts about the continued viability of the McDonnell Douglas evidentiary burden-shifting framework.

The questions presented are thus:

(1) Whether this Court should overrule McDonnell Douglas or recast its scope.

(2) Whether the third step of the McDonnell Douglas is inconsistent with FED. R. CIV. P. 56 because it requires plaintiffs to disprove an employer's proffered reason for the adverse employment action when an action may have more than one but-for cause or motivating factor.

(3) Whether the McDonnell Douglas test is consistent with 42 U.S.C. § 1981a(c) which contemplates jury trials in ADA discrimination cases.

Whether this Court should overrule McDonnell Douglas or recast its scope, whether the third step of McDonnell Douglas is inconsistent with Federal Rule of Civil Procedure 56, and whether the McDonnell Douglas test is consistent with 42 U.S.C. § 1981a(c) regarding jury trials in ADA discrimination cases