No. 21-733

Clyde Dandridge v. Walmart Stores, Inc.

Lower Court: Eleventh Circuit
Docketed: 2021-11-17
Status: Denied
Type: Paid
Response Waived
Tags: burden-shifting causation civil-rights eeoc eeoc-charge employment-discrimination mcdonnell-douglas retaliation title-vii
Key Terms:
SocialSecurity EmploymentDiscrimina
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Does a petitioner who files an EEOC charge and asserts a claim of retaliatory discrimination for engaging in protected activities under the anti-retaliation Title VII Civil Rights of 1964, 42 U.S.C. §2000e-3(a), must show that he suffered a materially adverse employment action based on precedent standard established by the U.S. Supreme Court using the framework 'Whether mistreatment well might have dissuaded a reasonable worker from making or supporting a charge of discrimination' providing proof of retaliation using 'but for' causation or is a petitioner required to provide proof of retaliation utilizing the more stringent 'Burden Shifting' McDonnell Douglas framework?

Question Presented (from Petition)

QUESTION PRESENTED The question presented which has caused a split in the Circuit Courts of Appeal application of the law pertaining to Retaliation cases under Title VII Civil Rights of 1964. Does a petitioner who files an EEOC charge and asserts a claim of retaliatory discrimination for engaging in protected activities under the anti-retaliation Title VII Civil Rights of 1964, 42 U.S.C. §2000e-3(a), must show that he suffered a materially adverse employment action based on precedent standard established by the U.S. Supreme Court using the framework “Whether mistreatment well might have dissuaded a reasonable worker from making or supporting a charge of discrimination” providing proof of retaliation using “but for’ causation or is a petitioner required to provide proof of retaliation utilizing the more stringent “Burden Shifting” McDonnell Douglas framework? 1

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Waiver of right of respondent Walmart Stores, Inc. to respond filed.
2021-09-13
Petition for a writ of certiorari filed. (Response due December 17, 2021)

Attorneys

Clyde Dandridge
Clyde Dandridge — Petitioner
Clyde Dandridge — Petitioner
Walmart Stores, Inc.
Kimberly J DoudLittler Mendelson, P.C., Respondent
Kimberly J DoudLittler Mendelson, P.C., Respondent