Laura G. asked
A litigant withheld its receipt of federal funds to get the court to rule under Title VII and wrongful denial of FMLA where it had immunity instead of Title VI where it didn't. When I pointed to the fraudulent concealment in a subsequent complaint, it replied by stating I didn't articulate how their behavior of failure to disclose their receipt of federal funds prevented me from procuring this information. Additionally, the defendants were making assertions for Title VII to mislead me into believing it was a Title VII matter and not Title VI, such as asserting exhaustion of administrative remedies which is required by Title VII and not Title VI. Also, they were asserting they had immunity which they do under Title VII but not Title VI. How would you respond in this situation and what is the best way to articulate a rebuttal to their argument?
March 30th, 2023
Crystal E. answered
You would respond by arguing that the defendants had a duty to disclose the receipt of federal funds...
March 30th, 2023
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