No. 18-1148

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

Lower Court: Ninth Circuit
Docketed: 2019-03-05
Status: Denied
Type: Paid
Tags: burden-of-proof circumstantial-evidence civil-rights diversity diversity-considerations employment employment-discrimination hiring-practices national-origin protected-classes race racial-bias religion summary-judgment
Key Terms:
AdministrativeLaw SocialSecurity EmploymentDiscrimina LaborRelations
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Discrimination-based-on-perceived-race/religion/national-origin

Question Presented (OCR Extract)

questions presented 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. i

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-04-09
Reply of petitioner Kimberly Franett-Fergus filed. (Distributed)
2019-03-26
Brief of respondents Omak School District 19, et al. in opposition filed.
2018-12-31
Petition for a writ of certiorari filed. (Response due April 4, 2019)

Attorneys

Kimberly Franett-Fergus
Aaron V. RockeRocke :aw Group, PLLC, Petitioner
Aaron V. RockeRocke :aw Group, PLLC, Petitioner
OMAK SCHOOL DISTRICT 19, et al.
James Edyrn BakerJerry Moberg & Associates, P.S., Respondent
James Edyrn BakerJerry Moberg & Associates, P.S., Respondent