Ronald L. Green v. Steven T. Mnuchin, Secretary of the Treasury

When there is no genuine dispute as to any material fact in the plaintiffs motion for summary judgment, can a district court grant defendant's countermotion (with alternative facts that are genuinely disputed) without considering whether the plaintiff has established he is entitled to judgment as a matter of law? Is the heightened standard for a prima facie case, fashioned by this Respondent and accepted by the courts below, consistent with Supreme Court precedent, or is it merely a contrived artifice that only serves the Respondent's current predicament? When the law requires an employer "articulate a legitimate, nondiscriminatory reason" for acts alleged to be discriminatory, when is the reason not legitimate, and when is it not nondiscriminatory? Can a supervisor under the Ellerth/Faragher framework create a hostile work environment for a disabled veteran, and violate Executive Order 5396 and the Rehabilitation Act of 1973, when the supervisor repeatedly demands disability-related disclosures under threat of possible termination, allegedly necessary to process a request for sick leave?