Lisa Leake, et al. v. Raytheon Technologies Corporation

At the motion to dismiss phase of a proceeding for claims brought under Title VII of the Civil Rights Act:

1. Must a group of plaintiffs who demonstrate in their pleadings that they have experienced employment harm for not meeting an employment condition that violates their religious beliefs compare their treatment to other employees who have met the condition, or other employees who have not met the condition for other, non-religious reasons?

2. Must a group of plaintiffs alleging a hostile work environment demonstrate that their employer engaged in harassing behavior because of the plaintiff’s membership in a protected class, or is it enough for a group of plaintiffs to demonstrate that they experienced workplace communications as harassment because of the nature of their religious beliefs, and their employer’s lack of sensitivity to those beliefs?

3. When a group of plaintiffs indicates in detail at the appeal stage that there has been a long-standing breakdown with their attorney resulting in dramatic misrepresentations of the facts in the proceeding and the legal theories of the case, should the appeals court remand the case for amended pleadings consistent with the plaintiffs’ expressed desires for the case? In other words, should an appeals court issue a judgment when they know the plaintiffs’ attorney has the facts wrong and has not brought apparently colorable claims the plaintiffs have indicated that they would like the court to consider?