No. 25-7111

Charles Faulk v. Owens Corning Roofing and Asphalt, L.L.C.

Lower Court: Fifth Circuit
Docketed: 2026-03-25
Status: Pending
Type: IFP
IFP
Tags: comparator-analysis employment-discrimination mcdonnell-douglas-framework prima-facie-case summary-judgment title-vii
Latest Conference: N/A
Question Presented (from Petition)

1. Whether courts may affirm summary judgment in a Title VII case by discounting sworn testimony, drawing inferences in the employer's favor, and treating the employer's explanation as controlling, contrary to Tolan v. Cotton, 572 U.S. 650 (2014), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000).

2. Whether a Title VII plaintiff may be denied a prima facie case solely for lack of a "nearly identical" comparator when the plaintiff offers other evidence supporting an inference of discrimination, contrary to McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), Furnco Construction Corp. v. Waters, 438 U.S. 567 (1978), and Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981).

Question Presented (AI Summary)

Whether courts may affirm summary judgment in Title VII employment discrimination cases by discounting sworn testimony and drawing inferences in the employer's favor contrary to established precedent, and whether a Title VII plaintiff may be denied a prima facie case solely for lack of a nearly identical comparator when other evidence supports an inference of discrimination

Docket Entries

2026-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2026)

Attorneys

Charles Faulk
Carla Dorsey AikensCarla D. Aikens, PLC, Petitioner