Veronica W. Ogunsula v. Staffing Now, Inc.
JusticiabilityDoctri
How does the McDonnell Douglas framework apply in a Title VII and ADEA case involving temporary employment agencies?
QUESTIONS PRESENTED 1. How does the framework and prima facie prongs of the Supreme Court’s precedent setting employment case, McDonnell Douglas vs. Green, apply in a Title VII and ADEA case where applicants or employees of temporary employment agencies or staffing firm employers do not apply for a “specific job or position”, but seek work assignments or types of positions at any of the employers’ third party clients? Does the employee’s prima facie case fail if they cannot prove that they applied for a single position but rather they sought work assignments at the temporary employment agency? What did the Supreme Court intend? 2. Does the wording of Federal Rules of Civil Procedure (FRCP) 26, 33 and 34 regarding Discovery timeframes and the response period unjustly provide an advantage to practicing lawyers and members of the bar while disadvantaging pro se litigants? 3. Should a Motion For Judicial Recusal accompany a hearing or a request for additional information on the merits when a pro se litigant submits such a Motion?