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Shelia Holmes v. General Dynamics Mission Systems, Inc.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1771 · judgment December 9, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Fourth Circuit decision below, and down for a business respondent.

Question presented

  1. Whether an employer’s steel-toed shoe requirement is an essential function of a disabled employee’s job for purposes of determining whether she is a “qualified individual” under the ADA where the employer had not required the disabled employee to meet that requirement for more than a decade due to her disability and, as well, had allowed a similarlysituated employee to be excepted from the requirement?

Counsel of record

For petitioner
Richard Franklin Hawkins III
The Hawkins Law Firm, PC

For respondent
Zachary Charles Schauf
Jenner & Block, LLP

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 11 2021
    Waiver of right of respondent General Dynamics Mission Systems, Inc. to respond filed.
  4. May 10 2021
    Petition for a writ of certiorari filed. (Response due June 14, 2021)