No. 20-1763

Fenyang Stewart v. Wilbur L. Ross, Secretary of Commerce, et al.

Lower Court: Fourth Circuit
Docketed: 2021-06-22
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law burden-shifting but-for-analysis disability-discrimination disability-related-interference merit-systems-protection-board rehabilitation-act retaliation retaliation-claims statutory-interpretation statutory-text
Key Terms:
Arbitration SocialSecurity ERISA DueProcess FifthAmendment Patent Trademark LaborRelations JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should disability-related interference claims be analyzed as retaliation claims or under a broader framework?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Should disability-related interference claims brought pursuant to 42 U.S.C. § 12203(b) be analyzed as retaliation claims susceptible to a burden-shifting, but-for analysis, or should they be analyzed under a broader framework according to the original intent of the statutory text? 2. Is the legal standard of review of a Final Decisions of the Merit Systems Protection Board upholding the removal of a Federal Employee, based on an initial decisions that were decided on the papers without a hearing, de novo review, or the “arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law” standard of review? 3. Is a district court’s failure to grant a plaintiff discovery on discrimination claims subject to de novo review brought after a final decision from the Merit Systems Protections Board, prior to ruling on a summary judgment motion, a violation of the Fifth Amendment's guarantee of due process and the property right of continued Federal employment? 4. Isatransfer of a Federal employee to a prior identified supervisor who is not a trigger of said employee’s Post-Traumatic Stress Disorder a reasonable accommodation under the Rehabilitation Act? J ~ fF ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
Application (21A11) denied by The Chief Justice.
2021-07-26
Application (21A11) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Waiver of right of respondent Ross, Wilbur L. to respond filed.
2021-04-12
Petition for a writ of certiorari filed. (Response due July 22, 2021)

Attorneys

Fenyang Stewart
Fenyang A. Stewart — Petitioner
Fenyang A. Stewart — Petitioner
Ross, Wilbur L.
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent