No. 24-67

Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Eleventh Circuit
Docketed: 2024-07-19
Status: Denied
Type: Paid
Response Waived
Tags: age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii
Key Terms:
Arbitration SocialSecurity ERISA Securities EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Whether differential treatment must contribute to the ultimate decision.

2. Whether the burden shifts to the defendant to establish it would have made the same personnel decision if a jury question exists on differential treatment.

Subsidiary questions are whether the language and syntax of Title VII should be interpreted as it was under the ADEA, and whether such language bans retaliation in federal employment.

Question Presented (AI Summary)

Whether differential treatment must contribute to the ultimate decision

Docket Entries

2024-10-07
Petition DENIED.
2024-07-31
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Waiver of Department of Veterans Affairs, Secretary of right to respond submitted.
2024-07-29
Waiver of right of respondent Department of Veterans Affairs, Secretary to respond filed.
2024-07-17

Attorneys

Department of Veterans Affairs, Secretary
Elizabeth B. PrelogarSolicitor General, Respondent
Tammie L. Terrell
Joseph D MagriMerkle, Magri, Meythaler, PA, Petitioner