Swierkiewicz v. Sorema, N.A.

Swierkiewicz (plaintiff), a Hungarian national serving as Chief Underwriting Officer and senior vice president of Sorema, N.A. (defendant), a French-owned reinsurance company, had many of his responsibilities transferred to a less-experienced French national after a new French CEO took over, was eventually stripped of his CUO title, and after failing to meet with the CEO, sent a memo outlining his grievances and requesting severance to resign; instead, Sorema's counsel offered him only the choice to resign without severance or be fired, and he was terminated after declining to resign. Swierkiewicz sued for employment discrimination in federal court; the district court dismissed the complaint for failing to plead sufficient facts, and the Second Circuit affirmed based on the evidentiary framework from McDonnell Douglas Corp. v. Green (1973).