United States First Circuit

Dismissal of plaintiff's complaint alleging sex discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, as well pendent state law claims, based on the defendants' refusal to hire plaintiff as a firefighter and post-hire conduct following her complaint to the EEOC, is reversed in part and remanded with regard to the Title VII failure-to-hire and retaliation claims and pendent state law claims against defendant-city, where the district court erred in its: 1) use of the prima facie case, an evidentiary standard, as a pleading requirement; 2) dismissal of plaintiff's retaliation claim based solely on its incorrect temporal analysis of causation at the motion-to-dismiss stage; and 3) sua sponte dismissal of certain claims without any notice to the parties.

Appellate Information

• Decided 03/28/2014
• Published 03/28/2014

Judges

• LYNCH

Court

• United States First Circuit

Counsel