No. 21-368

Guy Patterson v. Kilolo Kijakazi, Acting Commissioner of Social Security

Lower Court: Third Circuit
Docketed: 2021-09-08
Status: Denied
Type: Paid
Response Waived
Tags: non-discriminatory reason for an employment actio agency-employment-practices babb-v-wilkie civil-rights due-process federal-discrimination federal-employment federal-employment-discrimination job-related-tests non-discriminatory-reason professional-ability-standards title-vii
Latest Conference: 2021-10-29
Question Presented (from Petition)

Under the "stricter standard" applicable to the Federal Government, does an executive agency articulate a "legitimate, non-discriminatory reason" for its' employment action where its' proffered employment practice provides no rational basis for the action because it is neither professionally developed, based on a job analysis, nor statistically valid?

Question Presented (AI Summary)

Does an executive agency articulate a 'legitimate, non-discriminatory reason' for its employment action under the stricter standard applicable to the federal government where its proffered employment practice provides no rational basis for the action because it is neither professionally developed, based on a job analysis, nor statistically valid?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-10-05
Waiver of right of respondent Kijakazi, Comm'r, Social Sec. to respond filed.
2021-09-03
Petition for a writ of certiorari filed. (Response due October 8, 2021)

Attorneys

Guy C. Patterson
Guy Christopher PattersonGuy C. Patterson, Petitioner
Kijakazi, Comm'r, Social Sec.
Brian H. FletcherActing Solicitor General, Respondent