1. Whether the court deprives a plaintiff of her First Amendment right to free speech and expression when, in applying the McDonnell Douglas framework in an employment case on summary judgment, the court finds that an employer may discipline an employee based on the employee's candid response to a request for "feedback" about the work environment, and then later rely on that discipline to terminate her employment.

2. Whether on summary judgment in a Title VII retaliation case, the court misapplies the "but-for" causation test when it allows an employer to avoid liability by citing to some other factor that allegedly contributed to the challenged employment decision, rather than recognizing that events often have multiple "but-for" causes that raise conflicting inferences about an employer's intent that require a jury to determine.

Whether the court deprives a plaintiff of her First Amendment right to free-speech, whether the court misapplies the but-for causation test in a Title-VII-retaliation case