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Candice Lue v. JPMorgan Chase & Co., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1248 · judgment April 24, 2019


Certiorari denied · October 15, 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

1 Title VII of the Civil Rights Act of 1964 prohibits employers from depriving employees of employment opportunities by limiting, segregating, or classifying them on the basis of race (See 42 U.S.C. § 2000e-2(a)) and gives an employee the right to be free from retaliation for the individual’s opposition to discrimination or the individual’s participation in an EEOC proceeding by filing a charge (See 42 U.S.C. § 2000e-3(a)). Under 42 U.S.C. § 1981 - All persons within the jurisdiction of the United States shall have the same right in every State and Territory to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. The questions presented are: Do Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 protect a Black employee from retaliation for taking a stance against being stereotypically and disparately treated as the “help/house slave” for the non-Black team members of JPMorgan Chase & Co.’s Asset Management Counterparty Risk Group and for filing a charge reporting the said discrimination and retaliation to the EEOC? Were my rights violated by JPMorgan Chase & Co., et al when as the only Black analyst in the Asset Management Counterparty Risk Group, I was switched to a low performing, subpar Black employee who had never managed anyone before to be my

Counsel of record

For petitioner
Candice Lue

For respondent
Robert S. Whitman
Seyfarth Shaw LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Sep 13 2019
    Waiver of right of respondents JPMorgan Chase & Co., et al. to respond filed.
  4. Jul 17 2019
    Petition for a writ of certiorari filed. (Response due September 27, 2019)