No. 22-5815

Ehonam Agbati, aka Roger Agbati v. Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs

Lower Court: Fourth Circuit
Docketed: 2022-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: causal-link civil-rights civil-rights-act employment-discrimination hostile-work-environment pay-discrimination race-discrimination retaliation retaliatory-action title-vii
Latest Conference: 2022-11-10
Question Presented (from Petition)

Question 1:
Whether in Title VII, Civil Right Act of 1964, prohibition of discrimination based on race, color,
and national origin; an employer is deemed not in violation of the Act, if the employer (Defendant) picks
one out of a list of posted job qualifications and claims it to be decisive qualification regardless the other
posted qualifications for the position and regardless of disputed evidence(s) introduced by the employer
(Defendant).

Question 2:
Whether in Title VII, Civil Right Act of 1964, prohibition of discrimination based on race, color
and/or national origin; an employer is deemed not in violation of the Act, not liable, and not to be held
accountable for fostering a hostile work environment if the employer decides to not address hostile work
environment complaints and fails to address hostile work environment complaints because the employer
thinks and decides that the hostile work environment complaints brought to its attention were trivial.

Question 3:
Whether in Title VII, Civil Right Act of 1964, prohibition of discrimination based on race, color,
and national origin; the Act sets a time frame considered to be too long of a time to show causal link
between a grievance and an alleged retaliatory adverse action, despite evidence(s) showing that the
alleged retaliatory adverse action(s) took place while the grievance was ongoing; and whether an
employer is deemed not in violation of the Act, and not having engaged in retaliatory act if the employer
can simply claim that an adverse action took place long after a plaintiff s grievance.

Question 4:
Whether in Title VII, Civil Right Act of 1964, prohibition of discrimination based on race, color,
and national origin; an employer is deemed not in violation of the Act, if the employer (Defendant)
simply and allegedly claims that an employee (Plaintiff) did not assert descriptive facts showing that
higher paid colleagues and comparators were similarly situated and performed substantially equal work,
and the employee (Plaintiff) instead provided evidences consisting of his or her EWP (Employee Work
Profile) and salary record as well as those of his or her colleagues comparators as obtained from the
employer (Defendant) through FOIA requests to show and prove his or her pay discrimination complaint.

Question Presented (AI Summary)

Question not identified

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-10-20
Waiver of right of respondent VA Dept. of Agriculture and Consumer Services to respond filed.
2022-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)

Attorneys

Ehonam Agbati
Ehonam Agbati — Petitioner
VA Dept. of Agriculture and Consumer Services
Andrew Nathan FergusonOffice of the Attorney General, Respondent