Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002), was a case decided by the Supreme Court of the United States on February 26, 2002.

[1][2] Plaintiff brought suit against his former employer, alleging wrongful termination due to his national origin and age, in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967.

The United States Court of Appeals for the Second Circuit affirmed, holding that plaintiff did not meet his burden set forth in the McDonnell Douglas framework.

[5] In a unanimous decision delivered by Justice Thomas, the Court reversed, holding that “an employment discrimination complaint need not include such facts and instead must contain only ‘a short and plain statement of the claim showing that the pleader is entitled to relief.’ Fed.

8(a)(2).”[6][2] The Court also stated that the required prima facie case in the McDonnell Douglas burden-shifting framework is a “flexible evidentiary standard” instead of a “rigid pleading requirement.”[7][2][3][8]