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Zelma Rivas v. New York State Lottery

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-833 · judgment December 18, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Plaintiff asserts the continuing violation exception to the Title VII limitation period. If a Title VII plaintiff files an EEOC charge that is timely as to any incident of discrimination in furtherance of an on-going policy of discrimination, all claims of acts of discrimination under that policy will be timely even if they would be untimely standing alone. The plaintiff alleges both the existence of an ongoing policy of discrimination and some iiori-bârred acts of discrimination taken in furtherance of that policy. The Court is asked to re-examine the avérments of the plaintiff in their entirety, and to find that she established a prime facie case of racial discrimination, harassment, retaliation, hostile work environment under Title VII as timely and plausible. QUESTIONS PRESENTED FOR REVIEW Did the District Court abuse its discretion? Did the Complaint fail to state a prima facie case of retaliation?

Counsel of record

For petitioner
Zelma Rivas

For respondent
Andrea Oser
Office of the New York State Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2019
    Rehearing DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Oct 30 2019
    Petition for Rehearing filed.
  4. Oct 07 2019
    Petition DENIED.
  5. Jun 19 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Jun 11 2019
    Waiver of right of respondent New York State Lottery to respond filed.
  7. Apr 09 2019
    Petition for a writ of certiorari filed. (Response due June 24, 2019)