No. 18-9077

Cecelia D. Walton v. North Carolina Department of Health and Human Services, Disability Determination Services

Lower Court: Fourth Circuit
Docketed: 2019-05-01
Status: Denied
Type: IFP
IFP
Tags: admissibility civil-rights eeoc eeoc-determination eeoc-reasonable-cause-determination employment-discrimination federal-rules-of-evidence federal-rules-of-evidence-403 pretext retaliation summary-judgment title-vii workplace-discrimination
Key Terms:
EmploymentDiscrimina
Latest Conference: 2019-10-01
Question Presented (from Petition)

With regards to EEOC Reasonable Charge Determinations issued pursuant to the EEOC investigation conducted, is the Reasonable Cause Determination automatically admissible or otherwise relevant enough to preclude summary judgment and dismissal by said evidence being deemed inadmissible or ignored through the judge's discretion for those parties whose claims failed EEOC conciliation in a jury or judge-tried case under Federal Rules of Evidence 403?

With regards to the words "valid nondiscriminatory" and "pretext" (material fact), what is the adequate definition or standard for evidence to be used where a prima facie case of retaliation has been put forth? Should the final stage of retaliation regarding "pretext" be resolved by the fact finders (jury or judge) following a trial either jury or bench, thereby precluding summary judgment?

Question Presented (AI Summary)

With regards to EEOC Reasonable Charge Determinations issued pursuant to the EEOC investigation conducted, is the Reasonable Cause Determination automatically admissible or otherwise relevant enough to preclude summary judgment and dismissal by said evidence being deemed inadmissible or ignored through the judge's discretion for those parties whose claims failed EEOC conciliation in a jury or judge-tried case under Federal Rules of Evidence 403?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-27
Supplemental brief of petitioner Cecilia Walton filed.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)

Attorneys

Cecilia Walton
Cecilia D. Walton — Petitioner