No. 23-1031

Deana Pollard Sacks v. Texas Southern University, et al.

Lower Court: Fifth Circuit
Docketed: 2024-03-19
Status: Denied
Type: Paid
Response Waived
Tags: continuing-violations eeoc-charge hostile-work-environment pleading-standard pleading-standards summary-judgment title-vii
Key Terms:
Environmental Arbitration SocialSecurity ERISA EmploymentDiscrimina
Latest Conference: 2024-05-09
Question Presented (from Petition)

1. Whether a federal court may reject the doctrine of continuing violations in a Title VII hostile-work environment case and eliminate from consideration all Complaint allegations that occurred more than 300 days prior to the date plaintiff filed an EEOC charge.

2. Whether a federal court may deprive an EPA plaintiff of female wage data and require her to identify male comparators before she knows which males were paid higher wages.

3. Whether this Court overruled Swierkiewicz and changed the pleading standard for Title VII cases by its decisions in Twombly and Iqbal, and if so, whether Iqbal empowers trial courts to disregard factual allegations, make factual findings to determine "plausibility," and/or adopt pleading burdens in direct conflict with this Court's pre-Iqbal precedent.

4. Whether a federal court may reject this Court's summary judgment standards and make findings of disputed fact in a summary judgment proceeding post-Iqbal.

Question Presented (AI Summary)

Whether a federal court may reject the doctrine of continuing violations in a Title VII hostile-work-environment case and eliminate from consideration all Complaint allegations that occurred more than 300 days prior to the date plaintiff filed an EEOC charge

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-18
Waiver of right of respondent Texas Southern University, et al. to respond filed.
2024-03-13
Petition for a writ of certiorari filed. (Response due April 18, 2024)

Attorneys

Deana Pollard Sacks
David James SacksSacks Law Firm, Petitioner
Texas Southern University, et al.
Andrew HarrisOffice of the Attorney General of Texas, Respondent