Whether the sufficiency of a pleading should be held to a heightened pleading standard requiring facts of each element of the claim when the claim is brought under the ADEA

QUESTION PRESENTED The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits age discrimination when making decisions about pay, hiring, firing, promotions, or any other condition of employment. A prima facie case of age discrimination requires that the plaintiff prove he (1) belongs to the protected group of persons over the age of forty, (2) was qualified for his position, (3) was discharged or suffered an adverse employment action, and (4) was replaced with someone younger or outside the protected group. Cervantez v. KMGP Servs. Co., Inc., 349 F.3d 4 (5th Cir. 2009). Petitioner, Eric Baggett (“Mr. Baggett”), filed a lawsuit against his employer Oncor Electric Delivery Company, LLC, “Oncor”) for age discrimination. Mr. Baggett’s petition was dismissed, partly sua sponte, for failure to state a claim. THE QUESTION PRESENTED Is: Whether the sufficiency of a pleading should be held to a heightened pleading standard requiring facts of each element of the claim when the claim is brought under the ADEA. ii LIST OF PROCEEDINGS Eric Baggett v. Oncor Electric Delivery Company, L.L.C. United States District Court, Northern District of Texas, Dallas Division Case No. 3:17-CV-03136-S Decision Date: June 19, 2018 Eric Baggett v. Oncor Electric Delivery Company, L.L.C. United States Court of Appeals, Fifth Circuit Case No. 18-10918 Decision Date: May 3, 2019