|Citation:||533 F.3d 381|
The questions presented in this case are:
1. To what extent may an employment discrimination plaintiff survive a motion for judgment as a matter of law based on nothing (or little) more than a comparison of his or her qualifications to that of the person selected for the position?
2. Whether an employment discrimination plaintiff proceeding under the mixed-motive theory may overcome summary judgment without establishing a prima facie case of discrimination, and by merely producing “some” evidence of discriminatory intent.