Rule 56: An Appeal for Justice from the Margins

A Personal Victory, A Larger Signal

Dr. Martin Luther King Jr. often reminded us that ‘the arc of the moral universe is long, but it bends toward justice.’ Yet arcs do not bend on their own; people must pull them. For Black women in higher education, that bending is not a metaphor but a lived, exhausting struggle. Justice is not just a concept but a long, arduous climb. We teach. We research. We lead. And sometimes, we must also stand against the very institutions that hired us.

Dr. Leah P. Hollis By a unanimous 3-0 decision, I recently won a federal appeal in a complex unequal pay case, Hollis v. Morgan State University (No. 24-1476, 4th Cir. 2025), after close to a decade of retaliation and erasure from a prior employer. The Fourth Circuit ruled that the district court wrongly applied Title VII’s timing/exhaustion rules to the Title IX, § 1983 Equal Protection, and Maryland law claims and reversed that mistake.

More importantly, the panel rejected the lower court’s cramped reliance on the McDonnell-Douglas burden-shifting framework. Since 1973, the Supreme Court’s McDonnell-Douglas case has forced discrimination plaintiffs through a rigid three-step burden-shifting test—one that too often shuts cases down before a jury can ever weigh the evidence.  However, the Fourth Circuit emphasized instead Rule 56’s simple question: could a reasonable jury find discrimination?

As the court put it, the record contained “circumstantial evidence—including evidence of pretext—that would allow a jury to infer” bias. Judge Quattlebaum went further in a separate concurrence, praising the majority for skipping the rigid McDonnell Douglas steps and instead “pointing out the evidence that creates a genuine dispute of material fact.” He urged the Supreme Court to scrap McDonnell Douglas altogether, calling it “unnecessarily complex” and “more restrictive than Title VII itself.” This appeal and decision chips away at rigid judge-made hurdles that for decades have silenced plaintiffs before a jury could ever hear their stories.

Why Procedure Matters in Civil Rights

For discrimination litigants, this decision is more than technical. The old McDonnell-Douglas test forced plaintiffs to meet rigid “prima facie” boxes and disprove every employer excuse, often leading to dismissal at summary judgment. By centering Rule 56, the Fourth Circuit made clear that all the evidence, biased remarks, shifting justifications, policy deviations, comparators, and suspicious timing, belongs in one evidentiary bundle. In turn, this lowers the procedural bar, makes it harder for employers to paper over bias, and gives plaintiffs a fairer chance to be heard.