No. 23-5745

Zephryn (Stephanie) Hammond v. University of Vermont Medical Center

Lower Court: Vermont
Docketed: 2023-10-10
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof burden-shifting employment-discrimination legal-standards mcdonnell-douglas-framework protected-characteristics retaliation retaliation-claim summary-judgment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Under what circumstances should an employer's response to an employee's complaint about a protected characteristic warrant documentation, investigation, and protection from retaliation?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Under organizational policy when an employee makes a complaint to anyone in a : position of authority in regard to a protected characteristic, should this warrant documentation, a prompt thorough investigation, protection from the perpetrator, and dealt with in a serious professional manner? Are characteristics considered protected if some employers are continuing to treat employees less favorably when a complaint is made? When an immediate supervisor is responsible for discrimination and retaliation against an employee, should safeguards be put in place so the employee isn’t subjected to any unwarranted adverse actions, especially termination? 2. During summary judgment, when applying the McDonnell Douglas burden shifting framework to analyze disparate treatment in discrimination and/or retaliation claims, since the burden of proof is relatively light for the movant at the second step when articulating a legitimate nondiscriminatory reason for the adverse action, does this reason need to be at least supported with sufficient documentation with regard to specifics rather than a list of allegations? Since the burden of proof is relatively high for the non-movant, how many and what specific types of inferences of pretext are needed to fulfill the burden of proof for the plaintiff at the third and final step of the burden shifting framework and why is this different for each claim? Should standards be put in place for the amount of evidence needed at each step of the McDonell Douglass burden shifting framework so decisions are more consistent? 3. Should the chronology of events within the record as a whole, when dates are available, be enough to evaluate whether or not discrimination and retaliation occurred in an employment claim rather than isolating each claim, the circumstances around that claim and the evidence? Is evidence to be viewed in a light most favorable to the non-movant and all justifiable inferences to be drawn in the non-movant’s favor using evidence from the record? When there are any material facts in dispute is it the responsibility of a jury to make any decisions pertaining to those facts rather than a judge? 4. When under oath, is not being truthful considered perjury and would the denial of illegal punishment suffice as evidence to discredit their credence? Is proving an employer's shifting reasons for issuing disciplinary action sufficient to discredit their credence or simply a distraction from the fact that it was issued? 5. During summary judgment when an attorney neglects to submit all of the direct or indirect evidence both parties have seen in the discovery phase, is the only option to file another lengthy, expensive lawsuit against that attorney? Is an attorney responsible for disclosing pertinent information that may affect the case and/or a client's decisions during time of service to the client? Shouldn’t attorney’s have a duty to inform the client of all the options they have before they withdraw from a case?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-22
Reply of petitioner Zephryn (Stephanie) Hammond filed. (Distributed)
2023-11-08
Brief of respondent University of Vermont Medical Center in opposition filed.
2023-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2023)

Attorneys

Univ. of VT Medical Center
Elizabeth Kidder RattiganDowns Rachlin Martin PLLC, Respondent
Elizabeth Kidder RattiganDowns Rachlin Martin PLLC, Respondent
Zephryn Hammond
Zephryn Hammond — Petitioner
Zephryn Hammond — Petitioner