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Amy Rae v. Woburn Public Schools, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1432 · judgment August 22, 2024


Certiorari denied · March 24, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

In assessing the timeliness of employment claims, the U.S. Supreme Court case of National Railroad Passenger Corp. (Amtrak) v. Morgan, 536 U.S. 101, 122 S. Ct. 2061, 153 L. Ed. 2d 106 (2002)(hereinafter “Morgan”) distinguished between (i) “discrete acts” that are each independently actionable on their own and (ii) acts that are not independently actionable but that collectively comprise a single “unlawful employment practice.” Petitioner Amy Rae (hereinafter “Rae”) alleges a pattern of conduct that includes independently actionable “discrete acts” (e.g., denial of promotion) and many acts that in isolation are not independently actionable, including incidents of yelling and mocking. Was it an error of law for the Appeals Court to say that her retaliatory harassment claim was no more than an “attempt to amalgamate a series of discrete acts” into a single claim? Under Morgan, independently actionable discrete acts can be part of the basis for a hostile work environment claim as long as they are part of the same pattern as the acts that are not independently actionable. Rae’s retaliatory harassment claim is based on a pattern of conduct that includes both independently actionable acts (such as denial of promotion) and acts that are not independently actionable (such as insulting speech). Was it an error of law for the Appeals Court to say that Rae’s harassment claims were only an amalgamation of discrete acts “disguised” as a “single retaliatory harassment claim”?

Counsel of record

For petitioner
Laurel Jean Francoeur
Francoeur Law Office

For respondent
Alexandra Milan Gill
Lousion, Costello, Condon & Pfaff, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 24 2025
    Petition DENIED.
  2. Mar 05 2025
    DISTRIBUTED for Conference of 3/21/2025.
  3. Feb 24 2025
    Waiver of right of respondent Woburn Public Schools, et al. to respond filed.
  4. Jan 21 2025
    Petition for a writ of certiorari filed. (Response due February 26, 2025)