1. Can Courts find that two employees are not similarly situated though both employees performed the same conduct under the supervision of the same supervisor with the same set of rules and policies? And, would such a ruling be consistent with the intent and meaning of the "Similarly Situated " concept or be so onerous as to violate the intent established in McDonnel/Green scheme by this Court?

2. Should courts make presumptions in favor of the moving party in a summary judgment proceeding?

Can Courts find that two employees are not similarly situated though both employees performed the same conduct under the supervision of the same supervisor with the same set of rules and policies?