Supreme Court Report

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Beryl Harris McCray v. FedEx Express

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 20-6202 · judgment November 16, 2020


Certiorari denied · October 4, 2021

Questions presented

The EEO, and Title VII Act of 1964 makes it unlawful for an employee to discriminate against any employee or applicant, regardless of race, color, age, sex, religion or national origin. 1.) Whether the Plaintiff was provided notice timely of the Summary Judgement ruling? 2.) Whether plaintiff was provided a proper or fair chance to have her Motion to Dismiss Counsel and be properly represented? 3.) Whether the Six Circuit Court of Appeals should have denied Plaintiff the right to a fair Appeal after being informed of an untimely notice to the Plaintiff? 4.) Whether the Defendant provided reasonable accommodations for Plaintiffs Religious practice; Whereas, it eliminated all conflict between the employee’s religious practice? And it did not cause a hardship on the department? 5.) In telling the Plaintiff she “would not” be considered except she exhaust all paid time off? Except Plaintiff be required to choose between whether she would rather have accrued vacation off or do religious work? 6.) Whether Religious Observance or services are limited to only one day off? 7.) Whether coercion of other members of Management and Human Resources is unlawful to prevent an employee form having Religious time off is unlawful? 8.) Whether Defendant should not consider and be governed by company policy that had been utilized for fifteen years in granting Religious Observance? Plaintiff be required to exhaust all days with paid vacation time or not be approved to take off without pay as stated by company policy? 9.) Whether the Defendant should have properly trained management for Sexual Harassment prevention and correction? Diversity? And Religious Observance; whereas it continued for two years? 10.) Whether the Defendant took reasonable steps to correct or prevent (2 counts) Sexual Harassment? (2 counts) Religious Observance? Should Plaintiff have been allowed to endure Sexual Harassment for more than a year? 11.) Should six clergymen be afforded better accommodation for religious services and prctices than one clergywoman? 12.) Whether it’s right to deprive a U.S, citizen of her right to reasonable religious accommodations? And protection and prevention for sexual harassment?

Counsel of record

For petitioner
Beryl Harris McCray

For respondent
Barak Jonathan Babcock
Federal Express Corporation

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 22 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 15 2021
    Waiver of right of respondent FEDEX to respond filed.
  4. Apr 15 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2021)