101 results for 'cat:"Employment" AND cat:"Evidence" AND cat:"Employment Discrimination"'.
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Helmick grants the employer's motion for summary judgment, ruling the Hispanic employee cannot establish a prima facie case for race discrimination. He cites only one allegedly racist comment from a coworker - a remark disputed by the coworker, made about wearing a sombrero - while the employer had several legitimate reasons to fire him, including repeatedly showing up late to work and threatening a coworker following a disciplinary meeting.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: February 13, 2024, Case #: 3:21cv1551, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Knapp grants the employer's motion for summary judgment, ruling any of the female employee's claims of gender-based retaliation or harassment that occurred before November 9, 2019 are time-barred based on the filing date of her EEOC complaint. Additionally, although the employee undoubtedly engaged in protected activity when she reported alleged discrimination and filed the EEOC complaint, her failure to comply with an expectations sheet implemented after previous disciplinary issues gave the employer a legitimate reason to fire her.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: February 9, 2024, Case #: 5:21cv1573, NOS: Employment - Civil Rights, Categories: Civil Procedure, evidence, employment Discrimination
Per curiam, the circuit finds the district court properly dismissed the black IT specialist's retaliation claims. The employee resigned in protest after being passed over for a promotion, which the university accepted, viewing it as an impulsive attempt to negotiate his position. The employee showed no evidence the reason was pretext for discrimination, but only points out inconsistencies in the employment application of the black woman who was hired. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-60246, Categories: evidence, employment Discrimination, employment Retaliation
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J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: evidence, employment Discrimination, Military
J. Dick grants summary judgment to a chemical plant and against a 5-year employee diagnosed with hypertension who was fired for excessive absenteeism. The worker who admits he did not take his blood pressure medication until five years after his diagnosis requested accommodations for his condition that were unreasonable. The Americans with Disabilities Act does not require an employer to allow an employee to miss work or come in late without prior notice or explanation, nor does it require a business to rewrite its attendance policy to accommodate an employee’s excessive absenteeism.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: January 25, 2024, Case #: 3:21cv282, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Spector grants the U.S. Postal Services' motion for summary judgment, ruling the female mail carrier cannot establish a prima facie case for sex discrimination. The comparators she cites in her complaint were in entirely different roles with the postal service and were subject to separate disciplinary policies. Meanwhile, the age discrimination claim also fails because there is no evidence or allegation in the complaint that the mail carrier's age was a factor in the decision to fire her.
Court: USDC Connecticut, Judge: Spector, Filed On: January 19, 2024, Case #: 3:21cv1424, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Kobayashi grants summary judgment to the grocery wholesaler that an employee accuses of letting him go on the basis of age and race when the company downsized. The employee could not show that the wholesaler used its financial situation as pretext for his firing, and there is no evidence that his colleague, who has many of the same qualifications as the employee, was kept on for his race and age despite not meeting education and sales goal requirements.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 12, 2024, Case #: 1:21cv367, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Wicks grants a motion in limine and excludes two exhibits from an upcoming trial for a employment discrimination lawsuit brought against New York state’s child and family services department. The exhibits consist of prior employment discrimination and retaliation lawsuits that were brought against the department and its commissioner, to help bolster the litigant’s claims, but, while each prior complaint has some probative value, the court finds they are outweighed by the unfair prejudice it would place on the defendant and excludes them from trial.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: January 11, 2024, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Alvord finds the lower court properly granted the city's motion for summary judgment because the 3-year age difference between the detective and the officer promoted to sergeant was insufficient on its own to establish a prima facie case of age discrimination. Additionally, the detective's list of individuals under the age of 40 promoted to sergeant since 2008 failed to prove the city had a policy of promoting only younger officers because it did not specify whether there were any applicants over the age of 40. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 15, 2023, Case #: AC45866, Categories: evidence, Government, employment Discrimination
J. Williams grants, in part, the employer's motion to dismiss, ruling the Eleventh Amendment bars the claims brought under the Connecticut Fair Employment Practices Act because the Department of Transportation is a state actor that has not waived its right to sovereign immunity. Meanwhile, the lack of specificity in the black employee's discrimination claim regarding special privileges given to white employees prevents him from establishing a plausible Title VII claim for race discrimination, which will also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: December 7, 2023, Case #: 3:22cv537, NOS: Employment - Civil Rights, Categories: evidence, Immunity, employment Discrimination
Per curiam, the circuit upholds the lower court's finding for the Department of Youth Services in an employment discrimination case. Because the decisionmakers who both denied the heterosexual employee's application for a promotion and eventually fired her are also heterosexual, the employee fails to provide evidence of background circumstances to show the employee was the one who discriminated against the majority through the hiring of homosexual employees. Additionally, while the female employee was replaced by a male upon her demotion, her negative performance review gave the employer a legitimate reason for its decision. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: December 4, 2023, Case #: 23-3341, Categories: evidence, employment Discrimination
J. Barker grants the school's motion for summary judgment, ruling that although the homosexual executive director was required to work weekends and was assigned work while on sick leave, these obligations were expected of his position and cannot be considered degrading, as required to prove his claim he was compelled to resign because of discriminatory treatment. Additionally, the managing director's single comment that "God made Adam and Eve," which he disputes was ever said, is insufficient to prove a hostile work environment that would compel a reasonable individual to resign.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv1049, NOS: Employment - Civil Rights, Categories: Education, evidence, employment Discrimination
J. Simon grants partial summary judgment to the university against the pharmacy school coordinator's first set of claims under federal and state law for discrimination, retaliation and wrongful termination under her complaint alleging that the university fired her because she took medical leave. The coordinator's does not show a causal link between the September 2018 phone calls, in which the coordinator told the university's general counsel and associate vice president of Human Resources that the coordinator was a victim of sexism, to her termination on Feb 19, 2020.
Court: USDC Oregon, Judge: Simon, Filed On: November 13, 2023, Case #: 3:21cv991, NOS: Employment - Civil Rights, Categories: employment, evidence, employment Discrimination
J. Simon denies FedEx summary judgment as to the sales representative's age discrimination claim alleging that FedEx fired her because she is 65 years old. The sales representative presents sufficient circumstantial evidence of age discrimination, which includes how FedEx fired her in favor of a 26-year-old candidate and that the regional managing director “often spoke about how FedEx’s pension plans for older employees cost the company a lot of money.”
Court: USDC Oregon, Judge: Simon, Filed On: November 9, 2023, Case #: 3:22cv1217, NOS: Employment - Civil Rights, Categories: employment, evidence, employment Discrimination
J. Dooley grants the police department's motion for summary judgment, ruling the Haitian officer's discrimination claims related to the department's decision not to promote him fail as a matter of law because his written and oral test scores, which were lower than 93 percent of the 100 applicants for the position, gave it a legitimate reason to deny him a promotion.
Court: USDC Connecticut, Judge: Dooley, Filed On: November 7, 2023, Case #: 3:20cv1736, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
Per curiam, the Fifth Circuit finds the district court properly dismissed hostile work environment claims brought by the Baptist chaplain employed by the Federal Bureau of Prisons. The chaplain filed a formal complaint against the Catholic chaplain for derogatory remarks made against Protestants, alleging religious discrimination. The Complaint Adjudication Office (CAO) found that the “record support[ed] a claim of harassment based on religion” and awarded damages. The chaplain has mistaken “a suit to enforce the final administrative disposition” with a suit seeking “de novo review of the disposition.” The district court is not bound by the CAO’s finding of liability, and the chaplain has failed to present evidence supporting hostile work environment claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-11067, Categories: evidence, Government, employment Discrimination
J. Williams finds that the lower court improperly ruled for the terminated employee in this age discrimination lawsuit. The evidence is legally insufficient to support the jury's finding as to liability. The employee, who worked as a pilot for the defendant aviation company, was terminated after allegedly landing a plane in violation of certain Federal Aviation Administration regulations. The jury erred in finding that age was a motivating factor for his termination. Reversed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: November 2, 2023, Case #: 11-22-00131-CV, Categories: evidence, employment Discrimination
J. Huffaker grants cross-motions of summary judgment to the university in this employment discrimination suit alleging the director of academic support services was discriminated against on the basis of race discrimination and wrongful termination. The university asserts the director’s termination was “for violating a core compliance rule when he failed to timely report his knowledge of a suspected rule violation” to the NCAA, SEC and the university within six hours. The director has not, however made a prima facie showing of race discrimination and retaliation. The director’s motion to consider additional supporting evidence is granted.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 3:21cv192, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Huffaker grants Alabama State University summary judgment on a senior associate athletic director’s Equal Pay Act claim. She was terminated after being told the university was restructuring her job and only changed its title when it was given to another female under the director’s supervision. Also, she fails to show evidence to a genuine dispute for her claims, her claims are dismissed with prejudice.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: October 30, 2023, Case #: 2:22cv47, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Morrison grants the employer's motion for summary judgment, ruling that while the employee claims not every coworker was offended when he wrote "oink, oink" on their lockers as a way to convince them to clean up, the conduct was still a violation of the company's anti-harassment policy and gave it a legitimate reason to fire him.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 26, 2023, Case #: 2:22cv2073, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
Per curiam, the Fifth Circuit finds the district court properly affirmed the magistrate’s report and recommendation, granting summary judgment to the oil and gas services company in this suit alleging gender, race and national origin discrimination brought by the former employee. Though a supervisor’s “cringeworthy” comment about “f-cking slow Chinese,” regarding the employee’s English skills, are evidence of pretext, the claim is insufficient to survive summary judgment. Circumstantial evidence requires that such remarks be just one element among other evidence. The company’s evidence detailing the employee’s deficient performance supports summary judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 19, 2023, Case #: 22-20646, Categories: evidence, employment Discrimination