No. 18-5180

Wen Liu v. University of Miami School of Medicine

Lower Court: Eleventh Circuit
Docketed: 2018-07-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: disparate-impact eeoc-charge eeoc-charges employment-discrimination employment-discrimination-title-vii family-medical-leave-act fmla-claims medical-leave retaliation statute-of-limitations title-vii
Key Terms:
Arbitration ERISA SocialSecurity EmploymentDiscrimina
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (AI Summary)

Which was the terminate date University of Miami terminated me? October 12, 2012 with a failed attempt of termination letter dated October 7, 2011 or April 9, 2013 with the termination letter dated March 7, 2013 when I was an employee of University of Miami receiving salaries and taking medical leave from October 11, 2012 to April 11, 2013?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Which was the terminate date University of Miami terminated me? October 12, 2012 with a failed attempt of termination letter dated October 7, 2011 or April 9, 2013 with the termination letter dated March 7, 2013 when I . was an employee of University of Miami receiving salaries and taking medical leave from October 11, 2012 to April 11, 2013? I filed the discriminations, retaliation and violations of Family and Medical Leave Act (FMLA) charges at the U.S. Equal Employment Opportunity Commission (EEOC) on March 21, 2013, fourteen (14) days after the termination letter dated March 7, 2013. Under Title VII, a petitioner seeking to bring suit for employment discrimination must first file a charge of discrimination with the EEOC within 300 days after the unlawful employment practice occurred. Where an employer adopts an employment practice that discriminates against Asian Americans in violation of Title VII’s disparate impact provision, must a petitioner file an EEOC charge within 300 days after the attempted but reversed announcement of the practice on October 7, 2011, or may a petitioner file a charge within . 300 days after the employer's use of the discriminatory practice dated on March 7, 2013? Whether accidently not checking the box of “retaliation” at EEOC charges by the EEOC officer makes the claim of retaliation barred or not? Whether the FMLA claims filed on March 21, 2013 at EEOC for the violations that University of Miami denied my request to take a family and medical leave on March 22, 2011 within the two year statute of FMLA claims, and , within the three statute of willful violations?

Docket Entries

2019-01-14
Rehearing DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-10-25
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent Univ. of Miami School of Medicine to respond filed.
2018-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)
2018-02-16
Application (17A862) granted by Justice Thomas extending the time to file until April 13, 2018.
2018-01-19
Application (17A862) to extend the time to file a petition for a writ of certiorari from February 12, 2018 to April 13, 2018, submitted to Justice Thomas.

Attorneys

Univ. of Miami School of Medicine
Christopher M YannuzziIsicoff Ragatz, Respondent
Christopher M YannuzziIsicoff Ragatz, Respondent
Wen Liu
Wen Liu — Petitioner
Wen Liu — Petitioner