Fifth Circuit: Wright v. Un Pac RR

 

Although a plaintiff alleging a discriminatory retaliation need not provide evidence at the pleading stage, the facts described in the pleadings must allow an inference that the conduct alleged resulted from the protected conduct.

As the termination resulted from a situation that was a matter of past practice, the deviation from that practice concerned an implied term of the existing CBA, and was therefore appropriately categorized as a minor dispute subject to arbitration.

State law antidiscrimination provisions preempted by federal labor law requiring arbitration.


Wright v. Un Pac RR