Xiao-Ying Yu v. Robert R. Neall, Secretary, Maryland Department of Health, et al.
Arbitration SocialSecurity ERISA DueProcess EmploymentDiscrimina
Whether the lower courts' refusal to consider EEOC's right-to-sue letter and her statements as part of pleadings, and her request and leave for amendment with this letter and new evidence, thereby affirming district courts' dismissal for genuine reason 'lack of subject-matter jurisdiction' without jury and hearing, impacts this Court's jurisdiction to decide this case
QUESTIONS PRESENTED FOR REVIEW 1. Whether the lower courts’ refusal to consider EEOC’s right-to-sue letter (attached to Petitioner’s response) and her statements as part of pleadings, and her request and leave for amendment with this letter and new evidence, thereby affirming district . courts’ dismissal for genuine reason “lack of subjectmatter jurisdiction” without jury and hearing, impacts this Court’s jurisdiction to decide this case. 2. Does the application of Congress’ abrogation of 11% Amendment immunity and Section 504 of Rehabilitation Act, 29 U.S.C.§794 have limits on federal funding-supported public service employees’ ; civil actions in response to termination of their employment without mitigation as retaliation . against their pre-EEOC’s ADA, Title VII and ADEA charges and seniority system in the U.S. district and appellate courts? ; 3. Whether damages can be awarded under Title VII, ADA, 42 U.S. Code §12202&12203, 29 U.S.C.§794 when there is failure to prove employers’ prior-mitigation of termination of employment under 14%» Amendment U.S.C., and if so, whether there is an exception to federal diversity jurisdiction. 4. Whether the U.S. court of appeals’ denial of Petitioner’s right to dispute genuine facts by using local rules amounts to a violation of Petitioner's rights to the two clauses of 14 Amendment to U.S.CONST., and can be supervised by this Court.