No. 24-5149

Brandy Thompson v. Lloyd J. Austin, III, Secretary of Defense, et al.

Lower Court: Fourth Circuit
Docketed: 2024-07-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: ada-discrimination ada-rehabilitation-act-burden-shifting-qualified-i burden-shifting disability-rights employment-discrimination reasonable-accommodation retaliation-claim
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (from Petition)

Did the lower court correctly apply the burden-shifting framework in assessing the plaintiffs discrimination and retaliation claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including the requirement to establish her status as a "qualified individual" with a disability?

Did the lower court err in its determination that the plaintiff failed to meet the defendant's legitimate expectations at the time of termination, especially considering her extended absence due to disability, prior approved leave requests by the defendant, and the obligation of the defendant to provide reasonable accommodations?

Should the lower court have exercised supplemental jurisdiction over the plaintiffs state law claims, considering the specific circumstances and statutory waivers of sovereign immunity, and did it correctly dismiss the plaintiffs state law claims for lack of jurisdiction?

Did the lower court appropriately analyze the plaintiffs discriminatory discharge claim, taking into account the timing of termination relative to her disability and accommodation requests, as well as the defendant's rationale for termination?

Did the lower court adequately consider the proximity in time between the plaintiffs protected activity and the alleged adverse action in evaluating the retaliation claim, as well as assessing the defendant's justification for the adverse action and evidence of pretext?

Question Presented (AI Summary)

Did the lower court correctly apply the burden-shifting framework in assessing the plaintiff's discrimination and retaliation claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including the requirement to establish her status as a 'qualified individual' with a disability?

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-30
2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-08-02
Waiver of Austin, Lloyd J. of right to respond submitted.
2024-08-02
Waiver of right of respondent Austin, Lloyd J. to respond filed.
2024-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)
2024-03-19
Application (23A846) granted by The Chief Justice extending the time to file until May 16, 2024.
2024-03-12
Application (23A846) to extend the time to file a petition for a writ of certiorari from March 17, 2024 to May 16, 2024, submitted to The Chief Justice.

Attorneys

Austin, Lloyd J.
Elizabeth B. PrelogarSolicitor General, Respondent
Brandy Thompson
Brandy Thompson — Petitioner