738 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
Per curiam, the circuit finds that the district court improperly dismissed religious discrimination claims in which a state prison guard sought to wear a hijab at work as a practicing Muslim. The guard received approval with conditions, forcing her to convince a male supervisor that the head covering would tear away should an inmate attempt to choke her. Since her religion requires her to wear hijabs in the presence of non-family males, the guard asked to deal with a female supervisor when she was ordered to remove the hijab, and the denial of this request supported a plausible inference of discrimination. However, retaliation claims were properly dismissed since the incident did not occur in close approximation to an adverse employment action.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 22-2010-cv, Categories: employment Discrimination, employment Retaliation
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J. Coogler grants summary judgment to two companies in this race discrimination and retaliation dispute brought by two former employees, both Black men, who say they were treated differently than their white coworkers, assigned fewer desirable jobs and denied training. The Black employees were terminated for walking off the job site after they were informed everyone had to take a drug test. One of the white coworkers, who also left, was allowed back at work the following day. The court sees no dispute of fact or evidence that there was an adverse reaction to discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: February 2, 2024, Case #: 7:22cv513, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Newman grants the employer's motion for summary judgment, ruling the 57-year-old employee cannot establish a prima facie case for age discrimination because the younger candidate who was selected for a promotion to equipment operator had similar qualifications and was already working in the same department, while a single comment during the older employee's interview about his retirement cannot prove pretext. Meanwhile, the retaliation claim also fails because the employee's only evidence his supervisors knew about his EEOC complaint is that "Troy is a small town," which is insufficient to satisfy notice requirements.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: February 1, 2024, Case #: 3:20cv484, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Rice grants the employer's motion for summary judgment, ruling the bus driver's disability discrimination claims fail as a matter of law because his request for an accommodation in the form of driving only diesel buses infringed on the rights of drivers with more seniority and, therefore, was unreasonable. Meanwhile, the employer is entitled to judgment on retaliation claims because it not only granted several requests for FMLA leave, but also attempted to have the driver return to work several times before his termination, requests that he ultimately refused.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: February 1, 2024, Case #: 3:22cv151, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. DeGiusti partially grants the postmaster's dismissal motion filed in this employment discrimination lawsuit brought by a former postal employee. The former employee's discrimination claims under Title VII, the Age Discrimination in Employment Act and the Rehabilitation Act will be dismissed without prejudice. The former employee sufficiently alleges claims for Title VII retaliation, hostile work environment based on retaliatory animus and constructive discharge, however, and those claims will survive dismissal.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 1, 2024, Case #: 5:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Gallagher grants summary judgment in favor of the department in this employment dispute brought by a former employee alleging discrimination and retaliation. The employee stated she was terminated due to her performance evaluation because she did not have proper training to perform her task. The department shows uncontroverted evidence demonstrating well-documented performance concerns and that the employee would not have retained her position.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 30, 2024, Case #: 1:22cv1719, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Bush finds the lower court properly dismissed the black professor's discrimination and retaliation claims against the university. The actions taken by university officials - denial of grant opportunities and reassignments - were not based on the professor's race and were not pervasive enough to support a hostile work environment claim. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: January 30, 2024, Case #: 23-5557, Categories: Education, employment Discrimination, employment Retaliation
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: Government, employment Discrimination, employment Retaliation
J. Kobayashi partially dismisses wrongful termination and disability discrimination claims from a former employee of the car rental company after he had a leg surgery that affected his ability to stand and walk during recovery. The rental company began the firing process before the employee filed a complaint with the EEOC, and is therefore not retaliation. Claims for lack of reasonable accommodation for parking are also dismissed as submissions for the accommodation were not submitted with adequate notice. However, similar accommodation claims for appropriate seating are not dismissed as the company was given notice for those requests. The company did also retaliate in other ways beyond termination, mainly through managers that harassed the employee about taking time off for medical appointments.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 29, 2024, Case #: 1:22cv246, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Robertson grants summary judgment to the U.S. Department of the Army in this employment discrimination lawsuit, alleging age and gender discrimination. The employee fails to show that her non-selection for a promotion was based on a retaliatory motive. Also, the government has shown that an interview panel recommended another candidate for the vacancy "based on the quality of his interview performance."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: January 29, 2024, Case #: 6:19cv437, NOS: Employment - Civil Rights, Categories: employment Discrimination, Military, employment Retaliation
J. Brady rules an employer in discrimination claims because evidence indicates the employer did everything possible to accommodate work restrictions, and the employee had not been transferred based on discriminatory reasons. However, the employer failed to address claims concerning the employee's firing.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 26, 2024, Case #: 1:21cv6, NOS: Family and Medical Leave Act - Labor, Categories: Employment, employment Discrimination, employment Retaliation
J. Jenkins mostly denies a wedding center’s motion to for summary judgment on a former employee’s ADA, wrongful termination and retaliation claims. The former employee claims the wedding center fired her in retaliation for a week she spent hospitalized for a mental health crisis, after her superiors sent her insulting texts over her absence. The court finds she has sufficiently alleged her claims, but tosses her request for damages stemming from retaliation under the ADA.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 24, 2024, Case #: 1:22cv2925, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Jenkins partially grants an auto supply company’s motion for summary judgment on its former employee’s age discrimination and retaliation claims. The former employee, 73, claims he was demoted from his Regional Sales Manager position in the company, and eventually fired, to make way for younger replacements. He also maintains he was fired from his next sales job due to the company’s interference. The court finds the employee has sufficiently alleged his age discrimination claim, but not his retaliation claims.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 23, 2024, Case #: 1:21cv5063, NOS: Insurance - Contract, Categories: Employment, employment Discrimination, employment Retaliation