Supreme Court of the United States · Official docket →
Deryck Huelett v. Louisville Paving Company, Inc.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 25-5241 · judgment December 19, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) set forth a judicially-created analytical framework which shifts the burdens in federal discrimination cases. Members of this Court, however, have had recent doubts about the continued viability of the McDonnell Douglas evidentiary burden-shifting framework. The questions presented are thus:
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Whether this Court should overrule McDonnell Douglas or recast its scope.
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Whether the third step of the McDonnell Douglas is inconsistent with FED. R. CIV. P. 56 because it requires plaintiffs to disprove an employer’s proffered reason for the adverse employment action when an action may have more than one but-for cause or motivating factor.
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Whether the McDonnell Douglas test is consistent with 42 U.S.C. § 1981a(c) which contemplates jury trials in ADA discrimination cases.
Counsel of record
For petitioner
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For respondent
Jeremy S. Rogers
Dinsmore and Shohl LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 15 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 14 2026Waiver of right of respondent Louisville Paving Company, Inc. to respond filed.
- Mar 19 2026Petition for a writ of certiorari filed. (Response due April 29, 2026)