No. 22-7001

Sheniqua L. Watson v. Virginia Department of Agriculture and Consumer Services

Lower Court: Fourth Circuit
Docketed: 2023-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process employment-discrimination equal-pay-act factor-other-than-sex job-requirements prima-facie-case substantially-equal veteran-status veterans-preference
Key Terms:
Environmental Securities JusticiabilityDoctri
Latest Conference: 2023-04-21
Question Presented (from Petition)

Question 1:
The District Court for the Eastern District of Virginia Richmond Division and the United States District
Court of Appeals for the Fourth Court accepts veteran status/military experience as a "factor other than
sex" under the Equal Pay Act of 1963. Title VII of the Civil Rights Act of 1964: Veteran 's Special;
Rights or Preference: sec. 2000e-ll. [Section 712] - Nothing contained in this subchapter shall be
construed to repeal or modify any Federal, State, territorial, or local law creating special rights or
preference for veterans and the Equal Employment Opportunity Commission 's position is, to qualify as
a valid "factor other than sex" affirmative defense, veteran status should be job-related and applied
nondiscriminatorily.
Can veteran status be used as a "factor other than sex" affirmative defense for a job that does not require
military service experience?

Question 2:
Can education be used as a "factor other than sex" affirmative defense for a job that has no mandatory
higher education requirements?

Question 3:
Can employers segregate substantially equal comparators within the same department location, title and
pay band during salary analysis?

Question 4:
Is the District Court for the Eastern District of Virginia Richmond Division and the United States District
Court of Appeals for the Fourth Court interpretation of the Equal Pay Act statutes language "substantially
equal " as "virtually identical " permissible?

Question 5:
Whether the courts erred in holding that Watson could not establish a prima facie case of
discrimination under the EPA where the plaintiff made an initial showing that the defendant 1) paid
different wages to employees of the opposite sex 2) performed equal work on a job requiring equal
skill, effort and responsibility 3) under the same working conditions.

Question 6:
Whether a judge can refuse to review and acknowledge cited evidence?

Question 7:
When does legal error become judicial misconduct?

Question Presented (AI Summary)

Can veteran status be used as a 'factor other than sex' affirmative defense for a job that does not require military service experience?

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-04-05
Waiver of right of respondent Virginia Department of Agriculture to respond filed.
2023-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2023)

Attorneys

Sheniqua L. Watson
Sheniqua L. Watson — Petitioner
Virginia Department of Agriculture
Andrew Nathan FergusonOffice of the Attorney General, Respondent