Elijah Anthony Olivarez v. T-Mobile USA, Incorporated, et al.

The District Court for the Southern District of Texas dismissed Petitioner’s complaint alleging violation of Title VII because he did not plead facts alleging other employees held the same job or responsibilities, worked for the same supervisor, had comparable violation histories, and engaged in nearly identical conduct resulting in dissimilar employment decisions. The Court concluded Petitioner “therefore fails to sufficiently allege a prima facie case of discrimination under Title VII. The question presented is: At the pleading stage of a Title VII discrimination claim (42 U.S.C. § 2000e et seq.), in which there is no direct evidence of discrimination, must the plaintiff show “circumstances that support an inference of discrimination,” as required by Swierkiewicz v. Sorema N.A., 534 U.S. 506, 510 (2002), by pleading specific facts showing they were treated less favorably than other employees outside the protected category holding the same job or responsibilities, who worked for the same supervisor, had comparable violation histories, and engaged in nearly identical conduct resulting in dissimilar employment decisions, in order to state a valid claim that the protected category was a motivating factor for an adverse employment action under 42 U.S.C. § 2000e-2(m) and Fed. R. Civ. P. 8(a)?