1. Does the honest belief defense violate the axiomatic law of summary judgment requiring the evidence and inferences to be viewed in favor of the non-moving party, without weighing the evidence or assessing credibility?

2. If this Court permits the defense to exist, then when an employer makes an honest belief argument in moving for summary judgment, must Courts view the evidence objectively in favor of the non-moving party, or may Courts view the evidence subjectively from the moving party's perspective?

3. Does the disarray in the Circuits over what the honest belief defense is, and how to apply it, require this Court to discard the defense thereby restoring the integrity of the McDonnell Douglas test and Rule 56?

Does the honest belief defense violate the axiomatic law of summary judgment requiring the evidence and inferences to be viewed in favor of the non-moving party, without weighing the evidence or assessing credibility?