No. 19-1393

Rachelle Davis v. American Airlines, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2020-06-18
Status: Denied
Type: Paid
Response Waived
Tags: actor civil-rights different-retaliatory-conduct eeoc-charge employment-discrimination lack-of-merit merit pro-se-complaint protected-activity reasonable-accommodation retaliation retaliation-claim same-actor statute-of-limitations timeliness untimely-complaint
Key Terms:
Arbitration SocialSecurity EmploymentDiscrimina
Latest Conference: 2020-09-29
Question Presented (from Petition)

I) Does protection against retaliation apply even if the
original complaint or charge was untimely or was
found to lack merit when initiated by the same actor
but different retaliatory conduct ;
Did the Appeals Court ERR , in holding that this
action is timely-barred by its charge of Retaliation
when originally included within the scope of the
Plaintiffs right to file a Federal lawsuit determined
by the charge's content .
II) When an employer has an ONGOING obligation
to provide a reasonable accommodation and
failure to provide such accommodation constitute
a violation each time the employee needs it;
When applying the statute of limitations , when is a
claim timely-barred when there remains a need
for an accommodation that has yet to be provided ;
Must a plaintiff file a second EEOC charge in order
to judicially pursue a timely claim when there is
already NOTICE of an employee 's desire for an
accommodation to remain employed in some
capacity .
III) Did the Appeals Court ERR in dismissing this
Pro Se complaint as timely-barred without allowing
the opportunity to present evidence of a timely
discrete act and an act of retaliation that would
allow proof of a set of facts that would entitle relief
to this claim , when the law requires the Court to
read Petitioners ' pro se complaint , indulgently .
IV) Did the Appeals Court ERR in dismissing this claim
as timely-barred , when a timely charge may also
challenge related incidents that occur after a
charge is filed , as within this complaint .

Question Presented (AI Summary)

Does protection against retaliation apply even if the original complaint or charge was untimely or was found to lack merit when initiated by the same actor but different retaliatory conduct

Docket Entries

2020-10-05
Petition DENIED.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Waiver of right of respondent American Airlines, Inc., et al. to respond filed.
2020-06-13
Petition for a writ of certiorari filed. (Response due July 20, 2020)

Attorneys

American Airlines, Inc., et al.
Daniel Earl FarringtonFisher & Phillips LLP, Respondent
Rachelle Davis
Rachelle Davis — Petitioner