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16
Swierkiewicz v. Sorema
Sw. claimed he lost his job due to age and race. Dismissed b/c he didn't follow evidentiary standard of McDonnell Douglas. Ct says didn't adequately allege circumstances that support inference of discrimination.
H - Reversed - emp. discrimination cases only need short and plain statement showing P is entitled to relief. McDonnell Douglas is an evidentiary standard, not a pleading standard. Rule 9(b) does not apply to empment discr. cases.
McDonnell Douglas:
1. protected group
2. qualification for job
3. adverse empment action
4. circumstances to support inference of discr.
Don't want to lose notice pleading!
H - Reversed - emp. discrimination cases only need short and plain statement showing P is entitled to relief. McDonnell Douglas is an evidentiary standard, not a pleading standard. Rule 9(b) does not apply to empment discr. cases.
McDonnell Douglas:
1. protected group
2. qualification for job
3. adverse empment action
4. circumstances to support inference of discr.
Don't want to lose notice pleading!
Tags: Pleading, Specificity
Source:
Source:
Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010