Supreme Court Report

Supreme Court of the United States · Official docket →

Tori Evans v. Cooperative Response Center, Inc.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-2483 · judgment May 4, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether courts can weigh the employer’s reason for discharge in determining whether an employee satisfies her prima facie case that she is qualified to perform the essential functions of the job, with or without a reasonable accommodation, in the McDonnell Douglas analysis? II. Whether notice making the employer aware of circumstances dictating the need for accommodation suffices to trigger the employer’s obligation to engage in the interactive process under the Americans with Disabilities Act (ADA)? III. Whether enforcement of employer policies and federal regulations that deny employees’ entitlement to Family Medical Leave Act (FMLA) leave violates the purpose of the FMLA to take reasonable leave for medical reasons? IV. Whether the Court should resolve the split among the Third, Seventh, and Eighth Circuit Courts of Appeals on when to impart responsibility on employers to seek recertification of FMLA leave estimates and amounts when circumstances change and employer policies lack transparency?

Counsel of record

For petitioner
Stephen Charles Fiebiger
Stephen C. Fiebiger Law Office, Chtd.

For respondent
Scott Michael Flaherty
Taft Stettinius & Hollister

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 02 2021
    Waiver of right of respondent Cooperative Response Center, Inc. to respond filed.
  4. Nov 03 2021
    Petition for a writ of certiorari filed. (Response due December 6, 2021)