Wei Qiu v. Board of Education of Oldham County, Kentucky

Wei Qiu the U. S. citizen of Chinese race applied for three chemistry positions with Oldham in 2020 and 2021. Principal Moore completely and absolutely ignored Qiu the excellent applicant. Qiu sued Oldham under Title VII of the Civil Rights Act of 1964 based on her race, color, and national origin. Qiu alleged that Moore ignored the excellent applicant Qiu because he discriminated against Qiu as Chinese to extreme in her complaint. Qiu alleged Moore directly violated Title VII. Oldham filed the motion to dismiss Qiu’s complaint. Qiu attached the evidence which proved all the facts in her complaint to respond to the motion to dismiss. The district court rejected Qiu’s evidence attached to her response to the motion to dismiss, and the district court dismissed Qiu’s complaint. The circuit court affirmed the dismissal.

1. Can a complaint allege direct violation of Title VII?

2. Should the case go back to the district court to discover the hiring information the employer knows but the job applicant does not?

3. Should a plaintiffs proof of the facts in his complaint in his response to the motion to dismiss be considered?

4. Did the judges violate Qiu’s Constitutional right to due process and equal protection of the laws in Section 1 of Amendment XIV? Were the judges against the Rule of Law?