Kimberly Franett-Fergus v. Omak School District 19, et al.

are:

1. Whether a plaintiff may rely on ethnically distinct names in proving circumstantial evidence of how an employer regards the job candidates’ race, religion, or national origin?

2. Whether a white Christian American bears a burden of proof higher or evidentiary rules more stringent than other races, religions, or national origins in opposing the employer’s motion for summary judgment?

3. Whether summary judgment should be denied when an unsuccessful job applicant presents evidence that (a) members of the hiring committee made inferences about applicants’ religions, races, and national origins; (b) at least one member of the hiring committee believed that the successful applicant received the position because she was of a different race, religion, or national origin than the unsuccessful applicant; (c) the successful applicant was arguably unqualified for the position; (d) the chairwoman of the hiring committee and ultimate decision-maker stated that she thought the employer needed more “diversity”; (e) the employer’s stated reasons for hiring the successful applicant changed over time and violated a collective bargaining agreement; and (f) the employer’s stated reasons for not hiring the unsuccessful applicant were unsubstantiated.