I. To resolve the confusion among circuit courts, the
Court should decide whether the McDonnell
Douglas framework is inappropriate for analysis
at summary judgement, under Rule 56 of the
Federal Rules of Civil Procedure?

II. There is clear disarray among the circuit courts
regarding the correct causation standard in
Family and Medical Leave Act retaliation claims.
The question presented is whether an employee
must show that her protected conduct was only a
motivating or negative factor — rather than the
but-for cause — of an adverse employment action
under the FMLA?

Whether the McDonnell Douglas framework is inappropriate for summary judgment analysis and whether 'but for' or motivating factor causation applies in FMLA retaliation claims