No. 23-7368

Denise J. Johnson v. Mark Witcher

Lower Court: Eighth Circuit
Docketed: 2024-05-02
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights employment employment-termination first-amendment religious-discrimination retaliation sabbath-observance title-vii workplace-retaliation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the respondent's termination of the petitioner for observing the Seventh-Day Adventist Sabbath day (Saturday) constitutes religious-discrimination

Question Presented (OCR Extract)

QUESTIONS PRESENTED The United States District Court Western District of Arkansas and the United States Court of Appeals, Eighth Circuit, refused to hear Denise Johnson's case. | Johnson alleges that Mark Witcher engaged in religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the First Amendment of the United States Constitution. The questions presented are: | 1. Whether the respondent’s termination of the petitioner for observing the i Seventh-Day Adventist Sabbath day (Saturday) constitutes religious discrimination in violation of Title VIII of the Civil Rights Acts. | 2. Whether the First Amendment's freedom of religion element protects citizens against religious discrimination in the workplace. 3. Whether a person can be terminated the day after keeping religious observations and retaliated against by being banned from future employment companywide without giving detailed cause. 4. Whether it is lawful for the respondent to use “personal” as a justified explanation for terminating the petitioner.

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-31
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)

Attorneys

Denise Johnson
Denise Joan Johnson — Petitioner
Denise Joan Johnson — Petitioner