738 results for 'cat:"Employment Discrimination" AND cat:"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. Azrack finds in favor of a municipal fire company on a female volunteer firefighter's gender discrimination, hostile work environment and retaliation claims and closes the case. The court finds her claims asserted under Title VII are all time-barred, she fails to rebut the fire company's assertion that she was expelled from the company for failing to provide a doctor's note while out extended medical leave and she further fails to allege she has a protected interest in her position and should have been afforded a pre-termination hearing as she is not a regular, non-probationary firefighter.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 27, 2023, Case #: 2:19cv4643, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Griggsby grants McDonald's its motion for summary judgment following allegations of hostile work environment and retaliation brought by a former cashier. The cashier, a man, claims his female supervisor directly asked him, "Why is this faggot ass bitch even talking to me?" The cashier confronted her and shortly after, she took him off the work schedule, then he was transferred but never showed up to work at the new location. Although the cashier has exhausted his administrative remedies, he has not sufficiently argued that the harassment was severe or pervasive. Also, he had not initiated protected activity before being taken off the schedule.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:21cv592, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Palk partially grants the employer's dismissal motion and dismisses all of the former employee's claims, except for her "retaliation claim based on defendant's termination of her employment." The former employee, who appears pro se, contends that she was subjected to racial discrimination and retaliation during her employment. However, she fails to establish her hostile work environment claim or her discrimination claim based on an allegedly wrongful write-up.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 26, 2023, Case #: 5:23cv326, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
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J. Drozd denies, in part, a media company’s motion to dismiss sports radio talk show host Grant Napear’s wrongful termination action, in which he alleges he was fired for tweeting “All lives matter…every single one.” He has sufficiently pleaded his claims for retaliation and wrongful termination under state labor laws.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: July 25, 2023, Case #: 2:21cv1956, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, Labor
J. Schofield grants in part and denies in part the New York City Department of Education’s (NYCDE) motion for summary judgment in this matter of employment discrimination, disability accommodation and retaliation. The court finds that the NYCDE did not discriminate against an employee with multiple respiratory and cardiac issues when it moved her to an office with no ventilation, no windows, no air conditioning and limited wi-fi, as NYCDE offered that it was the only available space large enough for the employee and her team. But the instant court denies NYCDE’s motion regarding reasonable accommodation in violation with the Americans with Disabilities Act, because the employee demonstrated that she had a disability and NYCDE failed to reasonably accommodate her. The employees' claims of retaliatory conduct and creation of a hostile work environment by NYCDE are also supported.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: July 24, 2023, Case #: 1:21cv6109, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. England denies, in part, an employer’s motion to dismiss a black employee’s racial discrimination and retaliation action. He has sufficiently pleaded he suffered an adverse employment action to support his discrimination claim, and has made adequate allegations to support his harassment and retaliation claims.
Court: USDC Eastern District of California, Judge: England, Filed On: July 20, 2023, Case #: 2:22cv343, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Campbell partially grants the defendant pharmaceutical company's dismissal motion on the former employee's claims for age discrimination and retaliation under Title VII and retaliatory discharge under Tennessee common law. The former employee's retaliation claim under Title VII fails, as her "charge of sexual harassment did not report conduct that falls under Title VII." The alleged conduct that plaintiff reported was toward a non-employee. Her age discrimination claim under Title VII is also dismissed, as it does not fall under Title VII.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: July 20, 2023, Case #: 3:22cv447, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Hollander grants a former human resources director his motion to remand and denies a biopharma firm its motion to dismiss the director’s claims against it for retaliation and wrongful termination. The case was improperly removed to federal court because of federal question jurisdiction. Because the director has not pleaded that his claim that the firm violated ERISA as part of an inquiry or proceeding, it had no ground to remove the case to federal court. Thus, the retaliation claim cannot be resolved and is remanded.
Court: USDC Maryland, Judge: Hollander, Filed On: July 19, 2023, Case #: 1:23cv987, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, employment Discrimination, employment Retaliation
J. Ledet finds that the trial court properly found for a university on a staff member's employment discrimination suit, claiming that he was not hired for a faculty member position because he is white. In this case, three out of the four candidates selected to interview for the position were white, and the staff member does not identify a specific employment practice or evidence to support his race discrimination claim. Further, the staff member does not show that the filing of his discrimination complaint led to his termination because the events occurred four months apart. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: July 19, 2023, Case #: 2022-CA-0840, Categories: employment Discrimination, employment Retaliation
J. Coulson grants a trucking and logistics firm its motion for summary judgment against race discrimination allegations brought by a former operations manager, but only to the extent that it seeks arbitration. The manager, a Black man, applied for a promotion, but a white man who worked under the manager got the promotion. Several months later, the firm fired the manager, citing the position had been eliminated. However, the manager signed and agreement with the firm that mandates arbitration to settle disputes.
Court: USDC Maryland, Judge: Coulson, Filed On: July 19, 2023, Case #: 1:23cv703, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
Per curiam, the circuit finds that the district court improperly dismissed employment discrimination and wrongful termination claims brought by a probationary custodian because issues of fact remain in dispute as to whether comments by coworkers and supervisors cumulatively created a hostile work environment directed at her race and gender and whether the stated reasons for her firing constituted pretext for race and gender discrimination. Similarly, the timing of her termination raised an inference of retaliation.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 17, 2023, Case #: 22-138-cv, Categories: employment Discrimination, employment Retaliation
J. Ellis grants the employee's motion to remand the gender and sex-based harassment case to a state court. The employee, who was allegedly called fat and lazy by a supervisor, failed to raise a federal question.
Court: USDC Eastern District of Virginia, Judge: Ellis, Filed On: July 14, 2023, Case #: 1:23cv594, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, employment Discrimination, employment Retaliation
J. Frank grants the employer's motion for summary judgment in the employee's suit alleging that it failed to promote him and retaliated against him for reporting racial discrimination. The employee has not adequately alleged that a change in title was a demotion and therefore an adverse employment action, nor has he demonstrated that the employer's stated reason for denying him promotion was pretextual. He also has not raised a genuine fact issue regarding whether the circumstances of his termination warrant an inference of discrimination.
Court: USDC Minnesota, Judge: Frank, Filed On: July 14, 2023, Case #: 0:21cv1845, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Hixson declines to find in favor of San Francisco on a former emergency services employee’s gender harassment claims. The employee alleges, among other things, that her supervisor constantly called her and other female workers “minions” and that co-workers called her lazy and ditzy during her pregnancy. There is sufficient evidence from these allegations to infer gender bias. The employee can also pursue her FMLA interference claim alleging that the city retaliated against her decision to take FMLA leave by transferring her to a station with less desirable hours.
Court: USDC Northern District of California, Judge: Hixson, Filed On: July 13, 2023, Case #: 3:21cv2819, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Wright denies an employer's motion to transfer or dismiss an employee's allegations of discrimination, retaliation and wrongful termination. The employee, a pilot, was employed in Susanville, California until the employer closed its Susanville airbase. The pilot was then employed in Columbus, Mississippi. The pilot applied for an open position in Redding, California, and was terminated. The employer has failed to show that venue is improper. The employee's causes of action are based primarily on California statutory law.
Court: USDC Central District of California, Judge: Wright, Filed On: July 12, 2023, Case #: 2:22cv8772, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Knepp II finds in favor of the automotive company for the former supervisor's claim that the company fired her, its only female supervisor, because she reported a fellow employee for screaming at her and threatening to fire her for how she handled a call-off from a subordinate. The automotive company had non-discriminatory reasons to fire the former supervisor, such as an incident where she called off work 15 minutes before her shift by claiming she was sick only to be seen driving a short while later in a convertible with loud music.
Court: USDC Northern District of Ohio, Judge: Knepp II, Filed On: July 12, 2023, Case #: 3:21cv1823, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation