No. 18-662
Mary McDonald v. City of Wichita, Kansas
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
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. Hill — McDonald Tinker PA, Respondent
Jennifer M. Hill — McDonald Tinker PA, Respondent
Mary McDonald
Theodore J. Lickteig — Law Offices of Theodore J. Lickteig, Petitioner
Theodore J. Lickteig — Law Offices of Theodore J. Lickteig, Petitioner