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3 - Pleading Standards and the Technology Sector

Published online by Cambridge University Press:  08 June 2021

Joseph A. Seiner
Joseph A. Seiner
Affiliation:
University of South Carolina
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Summary

This chapter begins by explaining the pleading requirements of the Federal Rules of Civil Procedure. Next, this chapter explores how Supreme Court caselaw has shaped those rules, emphasizing the Court’s recent decisions in Twombly and Iqbal. Then, this chapter outlines the results of numerous research studies that examine the current state of employment discrimination in our society. Building on this research, this book proposes a unified analytical framework for pleading intent in employment discrimination claims brought under Title VII. The chapter then explains how the proposed pleading model comports with the federal rules, as interpreted by Twombly and Iqbal. The chapter further explores the best approach to pleading claims arising in the technology-sector context.

Keywords

PleadingIqbalTwomblyemployment discriminationvirtual workplatform workindependent contractorpandemiccontrol
Type
Chapter
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The Virtual Workplace
Public Health, Efficiency, and Opportunity
 , pp. 29 - 77
Publisher: Cambridge University Press
Print publication year: 2021

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