Whether, in disability discrimination and related employment discrimination cases, a court of appeals may affirm summary judgment by resolving disputed issues of fact and credibility in the employer's favor based on judge-made frameworks such as McDonnell Douglas, rather than applying Federal Rule of Civil Procedure 56 and viewing the evidence in the light most favorable to the nonmoving employee.

Whether a court of appeals may affirm summary judgment by resolving disputed issues of fact and credibility in the employer's favor based on judge-made frameworks such as McDonnell Douglas, rather than applying Federal Rule of Civil Procedure 56 and viewing the evidence in the light most favorable to the nonmoving employee