No. 18-416

JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-03
Status: Denied
Type: Paid
Response Waived
Tags: ada burden-of-proof civil-rights disability-discrimination non-discriminatory-reason reasonable-accommodation seniority-system summary-judgment
Key Terms:
Arbitration SocialSecurity ERISA LaborRelations JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the trial court may disregard or ignore a party's sworn testimony concerning a material historical fact based upon contradictory inferences arising from unsworn evidence in the summary judgment record

Question Presented (from Petition)

question presented is: 1. Onamotion for summary judgment, whether the trial court may disregard or ignore a party’s sworn testimony concerning a material historical fact based upon contradictory inferences arising from unsworn evidence in the summary judgment record. The Ninth Circuit Panel also affirmed a trial court order granting summary judgment dismissing Hatch’s claims for failure to provide reasonable accommodation under 29 U.S.C. § 791 and 42 U.S.C. § 12112. The Panel found that the Postal Service articulated a nondiscriminatory explanation for Hatch’s treatment, that acollective bargaining agreement required certain jobs be given to employees with greater seniority — and that Hatch failed to show the Postal Service explanation was pretextual. The second question presented is: 2. Under US Airways v. Barnett, 535 U.S. 391 (2000), to show that a proposed accommodation is ordinarily unreasonable, does the employer bear the burden of proving the accommodation would violate the rules of a seniority system or is the employer’s burden simply one of articulating a non-discriminatory reason.

Docket Entries

2018-12-03
Petition DENIED.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-11-02
Waiver of right of respondent United States Postal Service, et al. to respond filed.
2018-09-28
Petition for a writ of certiorari filed. (Response due November 2, 2018)

Attorneys

JoAnn S. Hatch
Stephen L. BrischettoLaw Offices of Stephen L. Brischetto, Petitioner
Stephen L. BrischettoLaw Offices of Stephen L. Brischetto, Petitioner
United States Postal Service, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent