Tatyana Evgenievna Drevaleva v. United States District Court for the Northern District of California
DueProcess Punishment EmploymentDiscrimina
Shall the Court immediately reinstate back to work a Federal employee who was fired for an attempt to get pregnant, for being discriminated against sex (I am a female), against age (50 yo), and against temporary disability that was related to taking time off to undergo an In-Vitro Fertilization (IVF) procedure in violation of 5 U.S. Code §2302(b)(1)(A)-(E)?
Questions presented: 1) Shall the Court immediately reinstate back to work a Federal employee who was fired for an attempt to get pregnant, for being discriminated against sex (I am a female), against age (50 yo), and against temporary disability that was related to taking time off to undergo an In-Vitro Fertilization (IVF) procedure in violation of 5 U.S. Code §2302(b)(1)(A)-(E)? 2) Shall the Court immediately reinstate back to work a Federal employee if the Agency fraudulently withheld the information that the employee is eligible for a paid Sick Leave for the purpose of pregnancy according to the Master Agreement between the AFGE and the Department of Veterans Affairs (Master Agreement) instead of an unpaid Leave Without Pay (LWOP), and if the Agency forced the employee to submit a request for an unpaid LWOP under the Family and Medical Leave Act (FMLA)? 3) Shall the Court immediately reinstate back to work a Federal employee if the employee’s Supervisor committed fraud and withheld the truthful information about the reasons of the employee’s absence from the . Director who is authorized to terminate employment? Page 2 of 29 Petition for Writ of Certiorari 4) Shall the Court immediately reinstate back to work a Federal employee if the employee’s Supervisors submitted a forged document to the Director regarding the reason of the employee’s absence? 5) Shall the Court immediately reinstate back to work a Federal employee who went to Russia with a verbal permission of her Assistant Manager | for the purpose of an IVF procedure and was fired when she was in Russia without being previously given a 30 day Notice and an opportunity to be heard at least 7 days prior to terminating the employee’s job in violation of both the Master Agreement and 5 U.S. Code §7513(b)? 6) Shall the Court immediately reinstate back to work a Federal employee if the Agency’s Director who is authorized to terminate employment failed to personally speak to the employee about the reasons of absence and to review the employee’s medical documentation in violation of 5 U.S. Code §2302(b)(2)(A)-(B)? 7) Shall the Court immediately reinstate back to work a Federal probationary employee and order the Agency to pay at least all lost salary and benefits if the employee was fired for being absent, and this reason is not a described as a valid reason of terminating probationary employment at 5 CFR 315.803 and 5 CFR 315.804? Page 3 of 29 Petition for Writ of Certiorari 8) Shall the Court immediately reinstate back to work a Federal probationary employee if the Agency claimed that the reason of terminating employee’s job was “negligent failure to follow a proper chain to obtain Leave Without Pay under the Family and Medical Leave Act”, and this reason is not described as a valid reason for terminating employment at 5 CFR 315.803 and 5 CFR 315.804? 9) Shall the Court immediately reinstate back to work a Federal employee because she is suffering from irreparable harm because of her lost salary, lost benefits, delayed opportunity to undergo another IVF attempt, shame and humiliation due to being fired, and inability to find the subsequent employment because of Defendants’ Libel regarding the reasons of terminating my employment? 10) Is Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) the appropriate case law to enter preliminary or permanent injunction in employment cases? 11) Shall the Court immediately reinstate back to work an employee if the employer fired the employee without previously giving a Notice and an opportunity to be heard in violation of the Due Process clause of the Fourteenth Amendment to the U.S. Constitution? Page 4 of 29 ; Petition for Writ of Certiorari 12) Shall the termination of an employee as a result of discrimination or retaliation be viewed as a cruel and unusual punishment which is a violation of the Eighth Amendment to the U.S. Constitution? Shall a discriminated or retaliated employee be granted preliminary injunctio