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Wilbert J. Alexander, II v. South Carolina Department of Transportation, Human Resources Manager, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1781 · judgment April 15, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

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

Question presented

A. Did the courts below properly apply SCDOT zero tolerance harassment policies. Title VII, EPA, ADEA, ADA, EEOC harassment & hostile work environment law, temporal proximity rules, and or this Supreme Courts Eighth Circuits, Muldrow vs. St. Louis 04/17/24 decision regarding materiality, “severe and pervasive” levels to all (37) plus alleged race based adverse actions and 10 claims, facts and evidence in total, in the light most favorable to the non­ movant per summary judgement rule 56? B. If a company prepares a salary study with errors and only compares one black employee salary to one white employee salary that have the same job and similar experience, is the internally produced salary study with errors unreliable to satisfy Title VII evidence burden of production. AICPA and GAAP independence rules or would an accurate externally prepared salary analysis based on third party data comparing multiple employees be more reliable? C. If an employee reports perceived discriminations supported by third party or direct working documents and videos and is forcefully transfered to report to the supervisor accused of discrimination 9 days later, Did the company exercise reasonable violate Title VII, or any law, if afterwards, that supervisors threats culminates into several tangible adverse job action or interference? D. Does firing an employee 6 days after he states he filed and EEOC complaint constitute possible tangible Title VII protected activity retaliation violation?

Counsel of record

For petitioner
Wilbert J. Alexander II

For respondent
Lake E. Summers
Malone, Thompson & Summers, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 27 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 14 2025
    Waiver of right of respondent South Carolina Department of Transportation, Human Resources Manager, et al. to respond filed.
  4. Aug 12 2025
    Supplemental brief of petitioner Wilbert J. Alexander, II filed. (Distributed)
  5. Jul 10 2024
    Petition for a writ of certiorari filed. (Response due August 14, 2025)