Supreme Court Report

Supreme Court of the United States · Official docket →

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, with no standout signals pointing toward a grant.

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

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)