protected-activity

22 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A570 Hien Thi Nguyen v. John Phelan, Secretary of the Navy Ninth Circuit 2025-11-14 Application agency-action employment-discrimination pretext protected-activity retaliation title-vii Question not identified.
25A162 Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation Ninth Circuit 2025-08-06 Presumed Complete affirmative-defense burden-shifting clear-and-convincing-evidence de-novo-review federal-railroad-safety-act protected-activity Whether a district court's determination that an employer met its burden to prove, by "clear and convincing evidence," that it would have taken the sa…
24A701 Karl Hansen v. Elon Musk, et al. Ninth Circuit 2025-01-16 Presumed Complete arbitration dean-witter-reynolds issue-preclusion protected-activity sarbanes-oxley securities-law Question not identified.
24A252 Sylvia E. Crane v. Louis DeJoy, Postmaster General Eleventh Circuit 2024-09-10 Denied disability-discrimination eeoc-complaint employment-accommodation jury-verdict protected-activity rehabilitation-act Question not identified.
24-63 Kalvin Schanz v. City of Otsego, Michigan, et al. Sixth Circuit 2024-07-19 Denied Response Waived civil-rights degree-of-aid fair-housing-act interference intimidation protected-activity standing statutory-interpretation Under the Fair Housing Act, 42 U.S.C. § 3617, when a plaintiff claims that a defendant has intimidated or interfered with him "on account of his havin…
23-728 Janice Hargrove Warren v. Mike Kemp, et al. Eighth Circuit 2024-01-05 Denied Response Waived employment-discrimination facilities objective-standard protected-activity reasonable-belief retaliation title-vii working-conditions workplace-facilities Under Title VII, 42 U.S.C. § 2000e-2, an employer who discriminates on compensation, terms, conditions, or privileges of employment because of race, r…
23-5595 Ronnie R. Rolland, Sr. v. Aurora Retirement, LLC, dba Cherry Creek Retirement Village, LLC, et al. Tenth Circuit 2023-09-15 Denied Response WaivedIFP article-iii causation-standard civil-procedure civil-rights due-process protected-activity punitive-damages standing summary-judgment title-vii QUESTION ONE: WHETHER AN APPEALS COURT MAY CONSTITUTIONALLY IN ERROR RETAIN AUTHORITY OVER SUMMARY JUDGMENT ACTIONS THAT INCLUDES MOOT EXCLUDED HEARS…
22-7448 Christopher Swindell v. CACI NSS, Inc., fka L-3 National Security Solutions, Inc., et al. Fourth Circuit 2023-05-03 Denied Response WaivedRelisted (2)IFP and direct references to white-nationalist symbol and others made in the presence of protected grou including anti-black tropes monkey-imagery some directed at civil-rights civil-rights-act employment-discrimination hostile-work-environment protected-activity racial-discrimination racist-comments retaliation title-vii Whether four months of constant racist comments, including anti-black tropes, monkey-imagery, and direct references to white-nationalist symbols, some…
22-931 Paulo K. Mwassa v. Presbyterian Homes & Services Eighth Circuit 2023-03-24 Denied but-for-causation but-for-cause civil-rights discrimination employment-discrimination federal-sector-employment protected-activity retaliation title-vii 1. Whether the federal-sector provision of Title VII of the Civil Rights Act of 1964, which provides that actions affecting employees shall be made fr…
22-832 Michael A. Caldwell, et al. v. Joseph M. Gasper, Individually and in His Official Capacity as Director, Michigan State Police, et al. Sixth Circuit 2023-03-02 Denied Response Waived 42-usc-1981 civil-rights civil-rights-act discrimination diversity-initiative employment employment-discrimination gender-preference protected-activity race-preference title-vii Whether opposition to an employer's "Diversity Initiative" (non-remedial race and gender preferences) constitutes protected activity under 42 USC § 19…
22-541 Peter Jokich v. Rush University Medical Center Seventh Circuit 2022-12-13 Denied Response Waived civil-procedure contract-waiver due-process erie-doctrine federalism protected-activity retaliation summary-judgment waiver 1. The "demanding standard" of proof the Panel imposed on petitioner to show waiver of a contract condition under Illinois law has no foundation in th…
22-5098 Arthur Torlucci v. California California 2022-07-13 Denied Relisted (2)IFP administrative-law agency-adjudication appointments-clause civil-rights due-process judicial-review legal-standard lower-court-ruling protected-activity securities-regulation separation-of-powers statutory-interpretation Question not identified.
21-359 Flomo Tealeh v. Ward County, North Dakota, et al. Eighth Circuit 2021-09-08 Denied Response Waived burden-shifting employment-discrimination mcdonnell-douglas prima-facie prima-facie-case protected-activity title-vii workplace-harassment 1. Whether, in accordance with this Court's directive that the standard for the second prong of a prima facie case of discrimination under the McDonne…
20-1810 Charles Landon Roberson v. Hanesbrands, et al. Fourth Circuit 2021-06-29 Denied access-to-courts civil-procedure civil-rights due-process employment-discrimination equal-protection in-forma-pauperis labor-law protected-activity restitution retaliation wrongful-termination Question not identified.
20-5828 Roderick A. Carter v. CPC Logistics, Inc., et al. Fourth Circuit 2020-09-28 Denied Response WaivedIFP administrative-law burden-of-proof driver-fatigue employer-admissions employment-discrimination federal-regulations protected-activity retaliation staa-protection trucking-safety whistleblower-protection When an employer admits to a violation in writing to the federal government, should they be held accountable to their words? When a protected activit…
19-1393 Rachelle Davis v. American Airlines, Inc., et al. Fourth Circuit 2020-06-18 Denied Response Waived actor civil-rights different-retaliatory-conduct eeoc-charge employment-discrimination lack-of-merit merit pro-se-complaint protected-activity reasonable-accommodation retaliation retaliation-claim same-actor statute-of-limitations timeliness untimely-complaint I) Does protection against retaliation apply even if the original complaint or charge was untimely or was found to lack merit when initiated by the …
19-225 United States, ex rel. Stephanie Strubbe, et al. v. Crawford County Memorial Hospital, et al. Eighth Circuit 2019-08-20 Denied Response RequestedResponse WaivedRelisted (2) billing civil-procedure false-claims-act medicare medicare-billing motion-to-dismiss pleading protected-activity qui-tam whistleblower 1. Paramedics and EMTs at a county hospital were ordered by management to perform unnecessary services and then enter incorrect time into the hospital…
19-198 Adriano Kruel Budri v. Department of Labor, Administrative Review Board Fifth Circuit 2019-08-15 Denied Response Waived commercial-motor-vehicle fifth-circuit-guidance logging-time on-duty-not-driving on-duty-time protected-activity surface-transportation-assistance-act transportation-regulations 1) Whether the Panel of the U. S. Court of Appeals for 5th Circuit has provided legal guidance about the safety related issue of logging time for repa…
18-1391 N'Dama Miankanze Bamba v. Kimberly Fenton, et al. Second Circuit 2019-05-03 Denied Response Waived civil-rights civil-rights-discrimination discrimination due-process eleventh-amendment federal-financial-assistance federal-statute physicians-board protected-activity retaliation standing title-vii Whether the United States Court of Appeals for the Second Circuit erred when it held that the Plaintiff's complaint of discrimination to the New York …
18-8553 Amy M. Hicks v. Dallas County Community Colleges Fifth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights discrimination due-process employment employment-discrimination employment-law free-speech labor-rights protected-activity retaliation workplace-harassment wrongful-termination Question not identified.
18-754 David A. Ramirez v. Walmart North Dakota 2018-12-13 Denied civil-rights discrimination due-process employee-termination employment employment-law labor labor-rights protected-activity retaliation workload-allocation workplace-dismissal Why did the Walmart lawyer tell the court that this was a protected activity? In serial dismissals, as a protected activity, do statutes allow that t…
18-6321 Josephloc T. Nguyen v. Kirstjen M. Nielsen, Secretary of Homeland Security Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2)IFP adverse-employment-action causation civil-rights employment-discrimination mixed-motive protected-activity retaliation title-vii Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would n…