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Karin Weng v. Julie A. Su, Acting Secretary of Labor
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5117 · judgment April 1, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This petition presents three questions pertaining to an employment discrimination plaintiffs evidentiary burden in summary judgment proceedings to prove the existence of a genuine issue for trial:
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Whether a plaintiff must demonstrate that comparators proffered to show disparate treatment are “nearly identical,” as the D.C. Circuit requires, or only “similarly situated,” as most other circuits require;
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Whether a court may dismiss as mere “opinion” a plaintiff s sworn factual rebuttals to disciplinary charges rather than accepting them as evidence of disputed facts; and
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Whether a court must consider as material evidence of pretext facts proving that a governmental employer violated due process in removing an employee.
Counsel of record
For petitioner
Karin Weng
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 09 2024Waiver of right of respondent Su, Julie to respond filed.
- Nov 12 2024Petition for a writ of certiorari filed. (Response due December 16, 2024)