No. 21-561

Elijah Anthony Olivarez v. T-Mobile USA, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2021-10-18
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-2000e-2m adverse-employment-action discrimination employment-discrimination pleading-stage pleading-standard prima-facie-case protected-category swierkiewicz-v-sorema title-vii
Key Terms:
SocialSecurity Securities EmploymentDiscrimina
Latest Conference: 2021-12-10
Question Presented (AI Summary)

At the pleading stage of a Title VII discrimination claim, must the plaintiff show 'circumstances that support an inference of discrimination' by pleading specific facts showing they were treated less favorably than other employees outside the protected category holding the same job or responsibilities, who worked for the same supervisor, had comparable violation histories, and engaged in nearly identical conduct resulting in dissimilar employment decisions, in order to state a valid claim that the protected category was a motivating factor for an adverse employment action?

Question Presented (OCR Extract)

question presented is: At the pleading stage of a Title VII discrimination claim (42 U.S.C. § 2000e et seq.), in which there is no direct evidence of discrimination, must the plaintiff show “circumstances that support an inference of discrimination,” as required by Swierkiewicz v. Sorema N.A., 534 U.S. 506, 510 (2002), by pleading specific facts showing they were treated less favorably than other employees outside the protected category holding the same job or responsibilities, who worked for the same supervisor, had comparable violation histories, and engaged in nearly identical conduct resulting in dissimilar employment decisions, in order to state a valid claim that the protected category was a motivating factor for an adverse employment action under 42 U.S.C. § 2000e-2(m) and Fed. R. Civ. P. 8(a)?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-10-25
Waiver of right of respondent T-Mobile USA, Incorporated to respond filed.
2021-10-12
Petition for a writ of certiorari filed. (Response due November 17, 2021)

Attorneys

Elijah Anthony Olivarez
Jillian Todd WeissLaw Office of Jillian T. Weiss, PC, Petitioner
Jillian Todd WeissLaw Office of Jillian T. Weiss, PC, Petitioner
T-Mobile USA, Incorporated
Micah R. PrudeHolland & Knight LLP, Respondent
Micah R. PrudeHolland & Knight LLP, Respondent