No. 18-6321

Josephloc T. Nguyen v. Kirstjen M. Nielsen, Secretary of Homeland Security

Lower Court: Ninth Circuit
Docketed: 2018-10-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: adverse-employment-action causation civil-rights employment-discrimination mixed-motive protected-activity retaliation title-vii
Key Terms:
Arbitration SocialSecurity ERISA EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether Title VII's retaliation provision requires but-for causation or mixed motive

Question Presented (OCR Extract)

QUESTION PRESENTED 1). Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would not have taken an adverse employment action but for an improper motive), or instead require only proof that the employer had a mixed motive (1e., that an improper motive was one of multiple reasons for the employment action). 2). Is it the duty of the Court or the jury to decide whether undisputed conduct activity" for reporting " filing employment discrimination complaint, “discrimination harassment," within the meaning of Title VII of the Civil Rights Act of 1964, particularly in light of Crawford v. Metropolitan Government of Nashville and Davidson County, Tenn., 555 U.S. 271 (2009)? 2) Does Title VII protect employee from employer’s discrimination harassment by giving a negative statement (i.e...“words of threat”: getting rid of employee ahead of . Employment proficiency plan “ EPP “is an adverse employment action in a claim for retaliation under Title VII of the Civil Rights Act of 1964. . 3). Whether the continuation of time driven events elapse between the protected activity and the adverse employment action ( demotion ) disproves the causal connection element of a prima facie case in a retaliation claim under Title VII, 42 U.S.C. 2000e-3(a). (The First Circuit’s decision conflicted with the Third, Sixth, and Ninth Circuits’ decisions on the same issue). 4). Whether the discovery rule is applicable in Title VII cases. 5). Under what circumstances is an employer liable under federal anti-discrimination laws based on a subordinate’s discriminatory animus, where the person(s) who actually made the adverse employment decision ii admittedly harbored no _ discriminatory motive toward the impacted employee.

Docket Entries

2019-04-24
Case considered closed.
2019-03-18
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-02-27
Motion DISTRIBUTED for Conference of 3/15/2019.
2018-12-17
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2018-12-03
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 26, 2018, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent Kirstjen M. Nielsen, Secretary of Homeland Security to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

Josephloc T. Nguyen
JosephLoc T. Nguyen — Petitioner
JosephLoc T. Nguyen — Petitioner
Kirstjen M. Nielsen, Secretary of Homeland Security
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent