61 results for 'cat:"Civil Rights" AND cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Urbanski denies the jail's motion to dismiss a sex discrimination claim. The correctional officer sufficiently pled that despite her receiving a reprimand for her part, her male counterparts were not disciplined for a verbal confrontation, that she made lower pay than seven of her male coworkers and was fired for fewer reasons than males.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 8, 2024, Case #: 5:22cv57, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Bissoon dismisses constructive discharge and hostile work claims against the school district. The wife of her now-deceased husband failed to prove her husband, who had Crohn’s disease, was discriminated against to the point he had to resign because he continued working there until his death. Details supporting the claim of hostile work were insufficient, so the court will allow the wife to submit an amended claim.
Court: USDC Western District of Pennsylvania, Judge: Bissoon, Filed On: December 21, 2023, Case #: 2:23cv33, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Bisson grants Waste Management’s partial motion to dismiss a former employee’s age discrimination, retaliation and harassment claims brought after he was fired for violating a company rule. The former employee’s claims fail because the cited laws apply to race, not age discrimination. The company is further ordered to file an answer to the surviving portions of the complaint.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1876, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Bisson grants the Extra Mile Education Foundation’s motion to dismiss, without prejudice, discrimination claims for firing a school counselor with an amputated leg. The counselor failed to provide evidence sufficient to show that Extra Mile was a joint employer with Crossroads Foundation, which allegedly failed to accommodate her disability. Her remaining claim will proceed against the Crossroads Foundation.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1864, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
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J. Richardson dismisses the former employee's complaint against his former employer alleging retaliatory discharge under the Tennessee Public Protection Act and religious discrimination under Title VII, as well as other counts, based on his alleged termination during the Covid-19 pandemic in 2020. The court concludes that the employee's amended complaint fails to meet certain pleading standards.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 13, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss a civil rights suit, brought by a former CTA worker who opposed the agency’s mandatory Covid-19 employee vaccination policy. The employee sought a religious exemption to the vaccine based on his beliefs, among others, that vaccines were “unclean” and contained pork products that his biblically mandated diet prevented him from ingesting. The CTA denied his exemption request and fired him after he refused to get the vaccine regardless. The worker subsequently brought a nine-count civil rights suit against the CTA, the majority of which the court now dismisses. The only counts to survive are an allegation that the CTA’s exemption denial violated the state and federal Religious Freedom Restoration Acts, and a Title VII claim under the 1964 Civil Rights Act.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 6, 2023, Case #: 1:22cv6086, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Lee grants summary judgment to the city defendants in this employment discrimination and retaliation lawsuit brought by a former police officer. The officer cannot show that she was "constructively discharged," as she asserts. Accordingly, she fails to establish a prima facie case of discrimination or retaliation.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: October 17, 2023, Case #: 1:21cv293, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Daniel partial grants a candy company’s motion to dismiss a former gay, Black office employee’s hostile work environment and failure to hire claims. The former employee claims he was forced to use his personal phone for work without reimbursement, while non-Black employees were reimbursed, was passed over for promotion, and was also targeted for harassment by his coworkers on the basis of his race and sexual orientation. The court finds the former employee has not sufficiently pleaded his failure to hire claim, but allows the hostile work environment claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 5, 2023, Case #: 1:22cv4875, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Maldonado partially grants a freight company’s motion for summary judgment on one of its former employees’ sexual harassment, hostile work environment and retaliatory termination claims. The former employee, a man, claims one of his male coworkers repeatedly made unwanted advances on him until eventually he snapped and asked if his coworker was a “f*****.” The court finds the former employee has plausibly alleged sexual harassment and hostile work environment, but finds the company was justified in firing him for using a homophobic slur while on the clock.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: September 28, 2023, Case #: 1:18cv3733, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Ashe dismisses an employment discrimination suit against a now-retired New Orleans Criminal District Judge by a former secretary she fired for recording her conversation, allegedly at the direction of a human resources staffer for the court. The former subordinate reiterates sexual harassment and gender discrimination claims without referencing a constitutional violation as required by Title VII. The secretary alleged the judge gave her a suggestive gift at a Christmas party at the elected official’s home and asked her to spend the night with her and her husband.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: September 22, 2023, Case #: 2:23cv428, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Moody grants a hospital’s motion for summary judgment in this matter of alleged sex discrimination and sexual harassment. A nurse who was the subject of multiple incidents of disciplinary action and was assigned to reorientation to improve his job performance, claimed the hospital terminated his employment because he had complained of discrimination and sexual harassment. Evidence is insufficient to support his claims, and it does show the cause for termination to be his unsatisfactory job performance.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: September 1, 2023, Case #: 4:21cv37, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Royal grants the city's motion to partially dismiss a civil rights and employment discrimination action brought by the employee. The employee, a Black woman, claimed she was discriminated against based on her race and unfairly fired. The employee's claims against the directors and Title VII disparate impact, hostile work environment and civil rights claims against the city are dismissed. The civil rights claims are barred by the two-year statute of limitations. The employee failed to allege pervasive harassment existed which altered the conditions of her employment and failed to identify any city policy which had a significant adverse effect on a protected group. The employee's claims for Title VII disparate treatment race discrimination and retaliation may move forward.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 1, 2023, Case #: 3:22cv82, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Doughty denies a request by a private security firm to dismiss age-based discrimination complaints by a fired guard who alleges the company failed to act despite knowing his supervisor harassed him, in part, by informing new hire employees that “they are not to listen to anything I have to say because I am old.” Adopting the findings of a magistrate judge’s report, the record indicates the litigant has plausibly alleged sufficient facts for an age discrimination claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 23, 2023, Case #: 3:22cv6165, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Joseph denies a request by a meat processing plant to dismiss a white Hispanic shift manager’s national origin-based Title VII allegations because she purportedly failed to exhaust those claims at the administrative level before the EEOC. Because the circumstances that led to the manager’s allegations of discrimination at the plant are inextricably linked with her race and national origin, Alford’s national origin claim would “reasonably be expected to grow out of the initial charges of discrimination” based on her race. Therefore, she has administratively exhausted her national origin claims before the EEOC prior to filing suit.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: July 31, 2023, Case #: 3:22cv5758, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Lawson partially grants the board's motion to dismiss a hostile work environment, retaliation and race and sex-based discrimination action brought by a law professor. The board is entitled to sovereign immunity as a department of the state from the professor's claims under the Elliot-Larsen Civil Rights Act and the Persons With Disabilities Civil Rights Act. The professor, a Black woman, failed to allege sufficient facts to show that the board discriminated against her on the basis of her race, gender or because she was unmarried. However, the professor stated a plausible claim for retaliation based on the suspension of her teaching duties and salary benefits after she made and reported her civil rights complaints.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: July 7, 2023, Case #: 2:22cv12021, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Oxley finds that the trial court properly ruled in favor of the school district in a civil rights, retaliation and hostile work environment action brought by the Black teacher's associate alleging that a white teacher engaged in racial discrimination that led to the associate's constructive discharge. The trial court correctly overruled the associate's challenge to the district's peremptory strike of the only Black potential juror. There is not sufficient evidence to show that the strike was motivated by discriminatory intent. The trial court correctly granted the teacher's motion for a directed verdict on individual liability because there was no evidence that the teacher acted as the associate's supervisor. Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: June 30, 2023, Case #: 21-1327, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Suddaby preserves an employment-related lawsuit brought by the two female corrections officers against Warren County with claims for sex-based disparate treatment and retaliation. One officer was denied light duty work to accommodate her pregnancy, while the other was not offered permanent employment after she complained that she was being harassed by a coworker because she was pregnant. As to the first officer’s claims, based on admissible testimony, there exists a genuine dispute of material fact as to whether other officers were provided similar accommodations. As to the second, there remains a dispute as to the veracity of the county’s claim that she was fired for failing to conduct a contraband search of an inmate’s cell.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: June 13, 2023, Case #: 1:19cv1061, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Conley finds for the laundry and linen company in a lawsuit from a Black employee claiming she was fired as retaliation for complaining about racial harassment she faced from a coworker. In part because her supervisor relocated her to a different department after she complained about the single race-based comment from the coworker in the record, the employee has not alleged harassment severe enough to support a hostile work environment claim, and her retaliation claim fails because the record does not show she was fired for her complaints instead of her low productivity numbers. Summary judgment is granted to the company and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 12, 2023, Case #: 3:22cv53, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Stadtmueller grants summary judgment to the plumbing products manufacturer in a lawsuit from an employee claiming she was disciplined more harshly than her white coworkers and fired because she is Black. The record contains multiple instances of the employee failing to meet the manufacturer's attendance and performance standards, and based on the evidence, the legitimate issues the employer cited when firing her had nothing to do with her race.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 31, 2023, Case #: 2:22cv65, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Anderson denies the defendant college's motion to dismiss this Title VII discrimination lawsuit for lack of subject matter jurisdiction. In its reply, the college challenges the complaint as to "the exhaustion of Plaintiff's discrimination claims before the EEOC." However, this is not a jurisdictional argument. Also, the court will allow the individual plaintiff an extension of time for service.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 26, 2023, Case #: 1:22cv2537, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Milazzo denies a request by a pest control company to dismiss a religious discrimination suit by an employee fired for refusing to get a mandated Covid-19 vaccination. The former employee alleges he was terminated in August 2021 because he told his employer that his Catholic faith prevented him from being injected with the vaccine derived from aborted fetal cell lines. In response, a manager allegedly stated, “The Pope wants you to take it.” Terminix denies the allegation. The company unsuccessfully argued the ex-employee makes no factual connection between his “sincerely held belief and his termination.” The terminated exterminator has established a claim for religious discrimination.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 19, 2023, Case #: 2:22cv3701, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Silva grants the county’s motion for summary judgment in this suit brought by its former employee alleging wrongful termination and disability and race discrimination, and that she was fired for filing a workers’ compensation claim. It is undisputed that the employee failed to present any claim within two years of her termination, and that claim is time-barred. The employee was a temp worker, and the only evidence in the record indicating a hostile work environment is her own subjective, unsupported belief that her coworkers’ rudeness was based on her race.
Court: USDC Nevada, Judge: Silva, Filed On: May 18, 2023, Case #: 2:20cv1811, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation