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Ashidda Forgus v. Mark T. Esper, Secretary of Defense

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1113 · judgment October 17, 2018

Certiorari denied · October 5, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Whether it is a “materially adverse action” under Title VII for an employer to deny, on account of discrimination and/or retaliation, an employee’s request for a transfer to a lateral position, enjoying the same pay, responsibility and working conditions, in order to escape discriminatory treatment by her current supervisor?

Counsel of record

For petitioner
Scott Gregory Crowley
Crowley & Crowley, P.C.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 5 conferences

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  4. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  5. Jul 19 2019
    Rescheduled.
  6. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  7. May 29 2019
    Rescheduled.
  8. May 22 2019
    Reply of petitioner Ashidda Forgus filed. (Distributed)
  9. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  10. May 06 2019
    Brief of respondent Shanahan, Patrick in opposition filed.
  11. Apr 17 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 6, 2019.
  12. Apr 15 2019
    Motion to extend the time to file a response from April 22, 2019 to May 6, 2019, submitted to The Clerk.
  13. Mar 20 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2019.
  14. Mar 19 2019
    Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
  15. Feb 15 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
  16. Feb 13 2019
    Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
  17. Jan 15 2019
    Petition for a writ of certiorari filed. (Response due February 19, 2019)