Paske v. Fitzgerald

(1) Whether the rule in USPS Board of Governors v. Aikens applies to the evaluation of a discrimination claim at summary judgment; and (2) whether a plaintiff claiming discrimination is required to prove, as an element of a prima facie case, that he or she was treated less favorably than a "nearly identical" "similarly situated" individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as "stringent," "strict," and "demanding."