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1 results

  • 3 - Pleading Standards and the Technology Sector

  • Joseph A. Seiner, University of South Carolina
  • Book:
    The Virtual Workplace
    Published online:
    08 June 2021
    Print publication:
    17 June 2021, pp 29-77

  • 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.