No. 20-1582

Wei-Ping Zeng v. Texas Tech University Health Science Center at El Paso, et al.

Lower Court: Fifth Circuit
Docketed: 2021-05-14
Status: Denied
Type: Paid
Response Waived
Tags: due-process employer-policy employment-discrimination liberty-interest stigma stigma-harm summary-judgment wrongful-termination
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether the Court should resolve the following question for which the circuit courts of appeals are split: for his/her claim of wrongful termination for alleged violation of employer's policy to survive summary judgment motion, whether a plaintiff has to name similarly situated employee(s) who had nearly identical job responsibilities, shared the same supervisor, and committed nearly identical policy violations, or present "circumstantial evidence that creates a triable issue concerning the employer's discriminatory intent".

Whether Respondents violated Petitioner's due process right guaranteed by the Fourteenth Amendment by disregarding employer's own policy to label Petitioner as "not eligible for rehire" due to misconduct "demonstrating unfitness for employment", for which the circuit courts of appeals are split in terms of how to define a stigma that infringes liberty interest and what constitutes the publication of the stigma.

Question Presented (AI Summary)

whether-a-plaintiff-has-to-name-similarly-situated-employees-or-present-circumstantial-evidence-of-discriminatory-intent

Docket Entries

2021-10-04
Petition DENIED.
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-05-18
Waiver of right of respondent Texas Tech University Health Science to respond filed.
2021-05-11
Petition for a writ of certiorari filed. (Response due June 14, 2021)

Attorneys

Texas Tech University Health Science
Rola DaaboulOffice of the Attorney General of Texas, Respondent
Wei-Ping Zeng
Wei-Ping Zeng — Petitioner