1,134 results for 'cat:"Employment Retaliation"'.
J. Walton grants summary judgment to the employer in the employee's case alleging disability discrimination and retaliation. While the employee has administratively exhausted his Rehabilitation Act claim, he has not established a prima facie case of discrimination since there is no evidence in the record to support his allegation that, with accommodations, he was able to perform the essential functions of his position and he failed to make his request for situational telework in advance sufficient to devise an appropriate work plan. He also has not administratively exhausted a hostile work environment claim, nor met his burden of proof for remaining retaliation claims.
Court: USDC District of Columbia, Judge: Walton, Filed On: May 31, 2024, Case #: 1:17cv2398, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, employment Retaliation
J. Munley denies an ambulance service's and supervisor's motion to dismiss a paramedic's employment discrimination, harassment and assault claims.
The employee's assertations that the ambulance provider's president never identified or disciplined anyone for urinating on her bed, despite having sole access to live camera footage, is sufficient to support her claims.
Court: USDC Middle District of Pennsylvania, Judge: Munley, Filed On: May 30, 2024, Case #: 3:22cv2019, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, employment Retaliation
J. Dever partially denies the North Carolina Department of Transportation's motion to dismiss allegations of retaliation and hostile workplace brought by a former administrative specialist. Although the specialist claims to having been berated repeatedly by her supervisor, this does not meet the criteria for a hostile workplace under the Age Discrimination in Employment Act. However, after she repeatedly complained about someone tampering with her desk lock, the department allegedly subjected her to a psychological evaluation, so her ADEA retaliation claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 30, 2024, Case #: 5:23cv702, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, employment Retaliation
J. King finds that the district court properly denied the former district attorney's motion for summary judgment. The former police captain filed suit for retaliatory discharge after he was terminated for alleged department violations involving his support of a motion to transfer venue filed in a criminal proceeding against a colleague who allegedly facilitated an inmate's escape. The motion to transfer was made due to questions of the colleague's likelihood of receiving a fair trial. Though the DA asserts prosecutorial immunity, this immunity does not cover his alleged use of prosecutorial authority as a threat to influence a public employment decision. Affirmed.
Court: 5th Circuit, Judge: King , Filed On: May 30, 2024, Case #: 23-40321, Categories: Immunity, employment Retaliation
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J. Korman rules in favor of a former hearing officer on his First Amendment retaliation claim, finding the New York State's Office of Temporary and Disability Assistance violated his constitutional rights when it suspended him without pay and reassigned him to a different position after discovering comments he made disparaging certain aspects of social welfare programs on social media, which the agency claimed created an appearance of bias. The agency fails to provide evidence that his comments were likely to spark legal action from legal advocacy groups and disrupt its operations. The parties are ordered to draw up plans regarding the officer's reinstatement.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: May 29, 2024, Case #: 1:16cv5060, NOS: Other Civil Rights - Civil Rights, Categories: employment Retaliation, First Amendment
J. Cronan grants Starbucks' motion to compel arbitration in an employment discrimination and retaliation suit filed by a barista. The barista claims he does not recall signing the arbitration agreement, but that is insufficient to create a genuine dispute of material fact as to whether he signed the document, particularly given that he admits to filling out electronic paperwork when he was hired.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 28, 2024, Case #: 1:23cv6951, NOS: Employment - Civil Rights, Categories: Arbitration, Employment Discrimination, employment Retaliation
J. Walton partially grants the employer's motion to dismiss its former employee's suit alleging violations of the Family Medical Leave Act, race, color, disability and sex discrimination and retaliation. The employee lacks a cause of action under the FMLA, and the only appropriate defendant for her Title VII and rehabilitation act claims is the Secretary of Veterans Affairs. Of these claims, only one claim, for retaliation, is plausibly alleged. Claims alleging a hostile work environment also fail, but a retaliation claim under the Rehabilitation Act survives.
Court: USDC District of Columbia, Judge: Walton, Filed On: May 24, 2024, Case #: 1:22cv2748, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, employment Retaliation
J. Horton finds that the trial court improperly denied a school district's plea to the jurisdiction in claims contending an employee had been subjected to wrongful discharge for seeking worker’s compensation because the denial failed to refer to a labor code section demonstrating it is not meant to operate as a waiver of immunity for local entities of the state. The district established the trial court lacked subject matter jurisdiction over claims brought under an irrelevant labor code, and the legislature has not waived immunity for political subdivisions. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: May 23, 2024, Case #: 09-22-00424-CV, Categories: Jurisdiction, employment Retaliation, Labor
J. Grove finds that the trial court improperly determined an employee failed to establish she had been fired because the text message exchange could be read to support the employee's belief that she had been fired upon being sent home early and directed not to return the rest of the week. However, even though the employee reported safety concerns to state authorities, and even though being sent home may have been embarrassing, the workplace environment was not so intolerable that she had no choice but to resign. Thus, the court properly determined she could not prove constructive discharge, although the case should be reinstated on a theory of actual discharge. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 23, 2024, Case #: 2024COA58, Categories: Employment, employment Retaliation
Per curiam, the appellate division finds that the lower court properly declined to vacate an arbitration award granted for employment discrimination and retaliation under the Federal Arbitration Act. The arbitrator clearly analyzed the evidence in a detailed and typical way and was not required to address every possible theory of discrimination. The retaliation claim comes down to credibility determinations that should generally not be reviewed on appeal. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02788, Categories: Arbitration, Employment Discrimination, employment Retaliation
J. Coulson grants summary judgment in favor of a logistics company in this employment dispute brought by a former employee alleging violations of Title VII and the Americans with Disabilities Act. The employee fails provide sufficient evidence of an adverse action on he claims of race discrimination, retaliation and a hostile work environment, he also could not support his claim of unlawful discrimination under the ADA.
Court: USDC Maryland, Judge: Coulson, Filed On: May 21, 2024, Case #: 1:22cv3112, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, employment Retaliation
Per curiam, the circuit finds the district court properly granted summary judgment to the employer. The employee resigned and filed suit for failure to accommodate her disability - a diagnosed anxiety disorder - after being subjected to stalking, cyberstalking and harassment by the girlfriend of one of her co-workers. The employee did not notify the employer of her disability until later, at which point it was accommodated. Certain employer actions were isolated incidents, insufficient to establish a hostile work environment, and the employee did not properly plead retaliation and constructive discharge, raising those claims first in her response to the summary judgment motion. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 21, 2024, Case #: 21-20547, Categories: Employment Discrimination, employment Retaliation
J. Donnelly preserves on a motion to dismiss an employment retaliation lawsuit against New York City which alleges a retired Chinese assistant warden who worked at a city prison was stripped of his overtime privileges and subjected to various other retaliatory acts after the Equal Employment Opportunity Commission issued a finding substantiating his claims for race discrimination. The court rules that, while the alleged individual acts of retaliation themselves would have not been enough, taken together as a whole they establish an inference of retaliation.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: May 17, 2024, Case #: 1:23cv5268, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, employment Retaliation
J. Morgan grants summary judgment to the owner of an offshore supply vessel and the maritime employer of a pilot-technician for an undersea remote operated vehicle, dismissing all claims by the employee arising from his alleged assault by a superintendent at a casino hotel in Georgetown, Guyana after completing a hitch on the vessel. The record reveals no evidence to support the employee's claims he worked as a seaman aboard the sea-going supply vessel. He cannot demonstrate he was permanently assigned to the maritime vessel or that he executed tasks beyond those related to his position.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: May 17, 2024, Case #: 2:23cv619, NOS: Marine - Contract, Categories: Maritime, Negligence, employment Retaliation