No. 18-7601

Joseph Chhim v. Golden Nuggett Lake Charles, L.L.C.

Lower Court: Fifth Circuit
Docketed: 2019-01-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: age-discrimination civil-rights computer-assessment due-process eligibility-requirements employment-discrimination equal-protection facility-supervisor hiring-practices pretext pretext-claim
Key Terms:
Arbitration SocialSecurity ERISA EmploymentDiscrimina
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (from Petition)

Did Defendant Golden Nugget discriminate against Plaintiff when it hired 300 employees with different eligibility requirements based on a discriminatory computer assessment, and no interview? Can it be believed, or is it pretextual, when Defendant then claims it did not hire a facility supertvisor to supervise the 300 employees that it claims it hired?

Did Defendant Golden Nugget discriminate against Plaintiff when it did not consider his qualifications to be hired for the position of facility supervisor to supervise the 300 employees it claims it hired. Not only did Defendant not consider Plaintiff's application for facility supervisor, but also, Defendant discriminated against Plaintiff when it told him, "The results of the Assessment indicate that you would not be considered for other positions, so no further Assessment is required."

Did Defendant Golden Nugget discriminate against Plaintiff when it failed and refused to consider him for other positions for which he applied and was qualified based on the same computer Assessment and no interview for the positions?

Should this case be returned to the U. S. District Court for the Southern District of Texas, Houston Division, for the Age discrimination claim which was not considered in .the Magistrate I, Judge's Recommendation?

Question Presented (AI Summary)

Did Defendant Golden Nugget discriminate against Plaintiff when it hired 300 employees with different eligibility requirements based on a discriminatory computer assessment, and no interview?

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Petition for Rehearing filed.
2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-07
Waiver of right of respondent Golden Nuggett Lake Charles, L.L.C. to respond filed.
2019-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Golden Nuggett Lake Charles, L.L.C.
Kathlyn PerezBaker Donelson Bearman Caldwell & Berkowitz, P.C., Respondent
Joseph Chhim
Joseph Chhim — Petitioner