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Wendell Tabb v. Durham Public Schools Board of Education

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-2174 · judgment March 2, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

  1. Does Title VII of the Civil Rights Act of 1964 mandate trial courts exclude comparators who received a benefit discriminatorily doled out as defined in Hishon v. King & Spalding, 467 U.S. 69

  2. from its analysis solely because the comparators received such benefit outside the 180-day statutory period for filing an EEOC Charge of Discrimination?

  3. Is it ever appropriate to negate FLSA compliance for all school employees whether exempt or non-exempt when the time invested surpasses the minimum workload requirements?

  4. Is it constitutionally equitable for school districts that receive federal funding to allow inequalities between exempt and non-exempt employees who perform the same or similar extra duties (i.e.. Theatre Directors and Theatre Technical Directors)? -i• v j J ’ * ^- 1 v1 •

Counsel of record

For petitioner
Wendell Tabb

For respondent
Colin Alexander Shive
Tharrington Smith, LLP

Case

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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 20 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 05 2022
    Brief of respondent Durham Public Schools Board of Education in opposition filed.
  4. May 31 2022
    Petition for a writ of certiorari filed. (Response due July 5, 2022)