Martin A. Schwartz is a law professor at Touro College – Jacob D. Fuchsberg Law Center of in Huntington, N.Y. Professor Schwartz also is the co-chair of the Practising Law Institute annual program in Section 1983 litigation and cochair of its annual Supreme Court Review Program. He is the author of Section 1983 Litigation: Claims and Defenses (3d ed. 1997), Section 1983 Litigation: Federal Evidence (3d ed. 1999), and co-author (with George Pratt) of Section 1983 Litigation: Jury Instructions (1999).
In a recent decision the United States Supreme Court unanimously held that simplified “notice pleading” applies to federal court employment discrimination claims filed under Title VII and the Age Discrimination in Employment Act. (Swierkiewicz v. Sorema NA).[1]� An employment discrimination complaint need not allege specific facts establishing a prima facie case of discrimination, but only a “short and plain” statement of the plaintiff’s claim.[2]� The Court thus rejected a “heightened” pleading standard for employment discrimination cases. Justice Clarence Thomas wrote the opinion for the Court.
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