No. 21-1385

Carolyn D. Robinson v. Walmart Stores East, LP

Lower Court: Eleventh Circuit
Docketed: 2022-04-26
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1981 burden-shifting civil-rights due-process employment-discrimination mcdonnell-douglas prima-facie-case section-1981 seventh-amendment summary-judgment
Latest Conference: 2022-05-19
Question Presented (from Petition)

1. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis in employment discrimination cases, and in particular for claims involving section 42 U.S.C. § 1981?

2. Does placing the similarly situated analysis in the prima facie case rather than in the pre-text stage of the McDonnell Douglas test deprive alleged victims of discrimination their 7th amendment rights?

Question Presented (AI Summary)

Should the McDonnell Douglas burden shifting test remain in employment discrimination cases involving 42 U.S.C. § 1981?

Docket Entries

2022-05-23
Petition DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-21
Waiver of right of respondent Wal-Mart Stores East, LP to respond filed.
2022-04-12
Petition for a writ of certiorari filed. (Response due May 26, 2022)
2022-03-09
Application (21A482) granted by Justice Thomas extending the time to file until April 12, 2022.
2022-03-04
Application (21A482) to extend the time to file a petition for a writ of certiorari from March 13, 2022 to April 27, 2022, submitted to Justice Thomas.

Attorneys

Carolyn D. Robinson
Lee David WinstonWinston Cooks, LLC, Petitioner
Wal-Mart Stores East, LP
Susan W. BullockFordHarrison, LLP, Respondent