No. 18-662

Mary McDonald v. City of Wichita, Kansas

Lower Court: Tenth Circuit
Docketed: 2018-11-21
Status: Denied
Type: Paid
Response Waived
Tags: adverse-action but-for-causation but-for-cause employment-discrimination jury-instruction jury-instructions predominant-cause retaliation sole-cause sole-cause-standard standard-of-proof title-vii
Key Terms:
SocialSecurity FirstAmendment DueProcess EmploymentDiscrimina
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Does a court err by instructing a jury that a plaintiff must prove that retaliation is 'the' but-for cause of the adverse action, rather than 'a' but-for cause, as this Court's precedents clearly state?

Question Presented (OCR Extract)

Question presented The plaintiff in a Title VII retaliation case must “establish that his or her protected activity was a butfor cause of the alleged adverse action by the employer.” Univ. of Texas Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 362 (2013). Does a court err by instructing a jury that a plaintiff must prove that retaliation is “the” but-for cause of the adverse action, which implies a sole-cause standard, rather than “a” but-for cause, as this Court’s precedents clearly state?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-02
DISTRIBUTED for Conference of 1/18/2019.
2018-12-20
Waiver of right of respondent City of Wichita, Kansas to respond filed.
2018-10-01
Petition for a writ of certiorari filed. (Response due December 21, 2018)

Attorneys

City of Wichita, Kansas
Jennifer M. HillMcDonald Tinker PA, Respondent
Jennifer M. HillMcDonald Tinker PA, Respondent
Mary McDonald
Theodore J. LickteigLaw Offices of Theodore J. Lickteig, Petitioner
Theodore J. LickteigLaw Offices of Theodore J. Lickteig, Petitioner