Shawna Cannon Lemon v. Myers Bigel, P.A., et al.

Whether the six factors set forth in Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003), addressing whether director-shareholder physicians of a professional corporation were “employees” for purposes of determining whether the corporation had the statutory minimum number of employees for coverage under the Americans with Disabilities Act, apply to whether a shareholder in a law firm may assert claims of race and sex discrimination and retaliation against the law firm as an “individual” under Title VII of the Civil Rights Act of 1964.

Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing Petitioner’s claim under 42 U.S.C. § 1981 for failure to plead “but-for” causation where Petitioner pleaded that her race was a cause for Respondents’ adverse employment actions, consistent with the Court’s determination in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) that the protected trait need only be one but-for cause of the challenged employment action.