Civil Procedure Keyed to Friedenthal
Swierkiewicz v. Sorema N.A
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Petitioner began working for Respondent in 1989. After six years of holding the position of Chief Underwriting Officer, he was demoted by the French CEO and replaced by a French National with only one year of underwriting experience. At the time of the demotion, the Hungarian Petitioner had 26 years of underwriting experience, and he was 53 compared to his replacement’s age of 32. After feeling isolated from the CEO, Petitioner requested a severance package. Respondent dismissed him without the package. Petitioner then filed this suit, alleging Respondent violated Title VII of the Civil Rights Act of 1964 (for discriminating against is national origin) and violated the Age Discrimination in Employment Act of 1967. The lower courts dismissed the claims for failing to allege facts that would establish a prima facie case of discrimination as explained in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973).
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