No. 18-9663

In Re Lorcan Kilroy

Lower Court: N/A
Docketed: 2019-06-13
Status: Denied
Type: IFP
IFP
Tags: civil-rights civil-rights-act disabled-plaintiffs employment-discrimination equal-protection mixed-motives nassar nassar-test protected-class retaliation title-vi title-vii
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether the retaliation protection provision of Title VII of the Civil Rights Act of 1964, in regard to it's current application to §504 protected complaints lodged by non-disabled individuals but on behalf of disabled individuals, should continue to require those non-disabled Plaintiffs to prove the heightened standard that their employers would not have taken any adverse action against them "but for" the existence of an improper retaliatory motive, (the "Nassar test"); or should the Court reconsider University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013), and the requirement be changed to only require proof that the employer had mixed motives for taking adverse action.

2. Whether the past ten years show that the Court's prohibition on claims for equal protection under the 14th amendment by "class of one" public employees, established by the holding in Engquist v. Oregon Dept of Agric., 553 U.S. 591 (2008), falls in line with the Constitution.

Question Presented (AI Summary)

Whether the retaliation protection provision of Title VI of the Civil Rights Act of 1964 should continue to require non-disabled plaintiffs to prove the heightened 'but for' standard or be changed to only require proof of mixed motives

Docket Entries

2019-12-12
Case considered closed.
2019-11-07
Application (19A492) denied by Justice Kagan.
2019-10-28
Application (19A492) for an extension of time within which to comply with the order of October 7, 2019, submitted to Justice Kagan.
2019-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Brief of respondents Los Angeles Unified School District, et al. in opposition filed.
2019-06-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2019)

Attorneys

Lorcan Kilroy
Lorcan Kilroy — Petitioner
Los Angeles Unified School District, et al.
Melinda CantrallHurrell Cantrall LLP, Respondent