## Facts

- Akos Swierkiewicz, a 53-year-old native of Hungary, worked for Sorema N.A. as Chief Underwriting Officer and Senior Vice President.
- Swierkiewicz alleged that Sorema demoted him in favor of a younger French national and later terminated him.
- He claimed the demotion and discharge were based on national origin (Hungarian) and age, asserting claims under Title VII and the ADEA.
- The complaint described events leading to termination, included relevant dates, and identified ages and nationalities of some individuals involved, including CEO François Chavel, a French national.

## Issues

1. Whether a federal employment discrimination complaint must plead specific facts establishing a prima facie case under the McDonnell Douglas framework to survive a Rule 12(b)(6) motion.

## Decision

- The Supreme Court reversed the judgment of the Second Circuit in a unanimous opinion by Justice Thomas.
- The Court held that an employment discrimination complaint need not allege facts establishing a McDonnell Douglas prima facie case.
- The Court concluded the complaint satisfied Rule 8(a)(2) because it gave fair notice of the claims and the grounds on which they rested.

## Legal Principles

- Rule 8(a)(2) requires only a “short and plain statement” showing entitlement to relief sufficient to give the defendant fair notice of the claim and its grounds.
- McDonnell Douglas sets an evidentiary method for proving discrimination, not a pleading requirement that must be satisfied in the complaint.
- Because prima facie elements can vary by context and direct evidence may be available, courts may not impose a rigid, heightened pleading rule requiring a full prima facie case at the motion-to-dismiss stage.
- A complaint that alleges the relevant adverse actions and supporting contextual facts (such as timing and comparative information about decisionmakers or replacements) can satisfy Rule 8 even if it does not track McDonnell Douglas elements.

## Conclusion

The Supreme Court held that federal notice pleading governs employment discrimination actions: a plaintiff is not required to plead a McDonnell Douglas prima facie case to survive dismissal, so long as the complaint provides fair notice and states a short and plain claim for relief under Rule 8(a)(2).


Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002)