Karin Weng v. Julie A. Su, Acting Secretary of Labor

This petition presents three questions pertaining to an employment discrimination plaintiffs evidentiary burden in summary judgment proceedings to prove the existence of a genuine issue for trial:

1. Whether a plaintiff must demonstrate that comparators proffered to show disparate treatment are “nearly identical,” as the D.C. Circuit requires, or only “similarly situated,” as most other circuits require;

2. Whether a court may dismiss as mere “opinion” a plaintiff s sworn factual rebuttals to disciplinary charges rather than accepting them as evidence of disputed facts; and

3. Whether a court must consider as material evidence of pretext facts proving that a governmental employer violated due process in removing an employee.