Thomas Lambert and Joshua Auxier File Petition for Writ of Certiorari to the U.S. Supreme Court

FLB Law attorneys Thomas Lambert and Joshua Auxier recently filed a petition for a writ of certiorari to the United States Supreme Court, seeking to resolve a critical legal issue that has emerged in employment law. This action follows their initial success in obtaining summary judgment in a gender discrimination lawsuit, a decision later overturned by the Second Circuit Court of Appeals.

The Second Circuit's reversal was based on a mixed-motive analysis and a modified interpretation of the longstanding McDonnell Douglas framework, which has been a cornerstone for discrimination cases for decades. Notably, Tom and Joshua identified conflicting interpretations of the McDonnell Douglas precedent for mixed motive cases across the various Circuit Courts, prompting their appeal to the U.S. Supreme Court. They now await the Court’s decision on whether it will take up the case to provide much-needed clarity on this significant legal issue.