In the latest of a series of rulings addressing pleading standards in federal employment-discrimination cases, the 3rd Circuit Court of Appeals has rejected a “heightened” standard adopted by many courts in “reverse-discrimination” cases — and reinstated a white New Jersey postal worker’s suit alleging that he was passed over for promotion because of his race.
“All that should be required to establish a prima facie case in the context of ‘reverse discrimination’ is for the plaintiff to present sufficient evidence to allow a fact finder to conclude that the employer is treating some people less favorably than others based upon a trait that is protected under Title VII,” U.S. Circuit Judge Theodore H. McKee wrote for a three-judge panel in Iadimarco v. Runyon.
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