No. 21-8113

Toya Gibson v. Wayfair, Incorporated

Lower Court: Fifth Circuit
Docketed: 2022-06-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: disability-discrimination disability-rights employment-discrimination family-medical-leave-act fmla-violation genetic-information-discrimination genetic-information-nondiscrimination-act religious-accommodation religious-discrimination wrongful-termination
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (from Petition)

The treatment in the adverse action of a wrongful termination in response to my dental disability, using the genetic information pertaining to my Parents to deny me FMLA in the future of my employment which is considered an "Anticipatory Breach " and threatening to discipline me due to my belief in Christianity to treat others (customers) as I would want to be treated as written in scripture: Matthew 7:12
12 Therefore, whatever you want men to do to you, do also to them, for this is the Law and the Prophets.
And further, the continuance of harassment while both still employed as noted in my 89 page EEOC charge that includes forms, graphs, exhibits, and where I clearly noted harassment on the EEOC Intake questionnaire form, contrary to the footnotes on page 14 of Judge Nancy Atlas 's judgment (also in appendix), on page 9 line 5 while I also expounded in detail of each charge in the EEOC brief, recorded in the appendix and attached; and after the termination in the form of libel, proven published with fault, where the 36 days being absent in 6 months was conveyed by Magistrate Judge Dena Palermo which she initiated after the settlement conference was over when the defendants left, to me, considered defamation, where the defamation evolved into libel in Judge Nancy Atlas 's judgment are reasons this Petition for Writ of Certiorari is requested. With the evidence presented that supports my stance on each charge, should the Fifth Circuit Court of Appeals be allowed to create a rule where employees of six months and greater can 't use short-term leave, considered protective activity, where the interactive process was also initiated, to remedy an unforeseen medical emergency that prevents them from performing their duties, where employers can use the rule to deny any employee both present and former their Civil rights?

Question Presented (AI Summary)

Whether the adverse employment action of wrongful termination in response to a dental disability, the use of genetic information to deny future FMLA leave, and religious discrimination through threats of discipline for following a biblical principle of treating others as one would want to be treated, constitutes a valid claim under federal employment laws

Docket Entries

2022-11-21
Rehearing DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-08
Waiver of right of respondent Wayfair, Incorporated to respond filed.
2022-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)
2022-02-22
Application (21A431) granted by Justice Alito extending the time to file until April 3, 2022.
2022-02-04
Application (21A431) to extend the time to file a petition for a writ of certiorari from February 17, 2022 to April 3, 2022, submitted to Justice Alito.

Attorneys

Toya Gibson
Toya M. Gibson — Petitioner
Wayfair, Incorporated
Esteban ShardonofskySeyfarth, Respondent