729 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Slomsky denies a spa’s motion for summary judgment on a licensed massage therapist’s claim that she was fired in retaliation for requesting a cart she could lean on during massages as an accommodation for her injured ankle — and not, as the spa claimed, for getting into a verbal altercation with another spa employee, who she was romantically linked to and who brandished a firearm and threatened her life at work. The therapist has presented a genuine issue of material fact as to whether the spa’s reason for terminating her was pretextual.
Court: USDC Eastern District of Pennsylvania, Judge: Slomsky, Filed On: April 8, 2024, Case #: 2:22cv3212, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Liman grants in part a hospital’s motion for summary judgment in this matter of alleged employment discrimination and retaliation. An Oncology unit employee reported to hospital administration that she was being subjected to harassing and unprofessional behavior by a physician; the hospital found no fault by the doctor. A hospital administrator discovered that the employee did not have the required certifications to work in the oncology unit. A detailed plan was implemented for the employee to earn the necessary credentials, but she failed to adhere to the plan, and her agreement was not renewed. She filed a complaint and transferred to Faculty Practice, where her supervising physician found she struggled with her work, required extensive supervision, and reported patient complaints, ultimately resulting in her termination. The employee alleges that her non-renewal and termination constituted unlawful discrimination based on her sex, race, color, national origin, and age. The instant court finds the employee may have been subjected to a hostile work environment while working in the Oncology unit, and that it is reasonable that the non-renewal may have been discriminatory and/or retaliatory in nature and should move forward, but the hospital presented sufficient evidence to support her termination from Faculty Practice for non-discriminatory/retaliatory reasons.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 8, 2024, Case #: 22cv1159, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Coleman denies a former post worker’s motion for summary judgment and partially denies the U.S. postmaster’s motion for summary judgment. The former postal worker says the post office did not accommodate her disabilities stemming from a workplace injury, and also discriminated against her due to her age. However, the court does not find she has sufficiently alleged her disability discrimination claim to warrant summary judgment. The court also dismisses her age discrimination and retaliation claims, finding the bad behavior she accuses her supervisors of do not amount to legal age discrimination and that her retaliation claim lacks supporting evidence.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: April 5, 2024, Case #: 1:21cv4689, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
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J. Martin finds that the lower court properly dismissed the deputy's claims seeking judicial review of his termination, but improperly dismissed his discrimination and retaliation claims under the Missouri Human Rights Act. The deputy believed he was white until he took a private genetic test, discovering that he had substantial African American ancestry. He adequately alleges that thirty days after disclosing that he was Black to the sheriff, the deputy was suspended for abuse of authority, incompetence, and offensive conduct -- the same conduct that was tolerated when he was believed to be white. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 2, 2024, Case #: WD86414, Categories: employment Discrimination, employment Retaliation
J. Berg dismisses discrimination claims an assistant superintendent brought after, for example, being told following a speech he gave for Black History Month, "You sound like a black nationalist and these PTA moms aren’t going to want you as their superintendent." The assistant superintendent frequently disagreed with other staff members regarding the district's methods for handling racial incidents involving students and staff, and he had neither faced demotion nor experienced a decrease in pay. Meanwhile, he willingly resigned due to stress.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: March 31, 2024, Case #: 2:21cv12562, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Bryan grants, in part, the city, its administrator and director of the leisure services department motion to dismiss in this employment dispute brought by a former recreation program coordinator. The coordinator,a Black woman, alleges race discrimination, a hostile work environment, retaliation in the workplace. The coordinator fails to plead sufficient facts to state a plausible claim for administrative remedies, retaliation, causation, due process, protected speech and defamation in her complaint. Therefore, the administrator and director are dismissed from this case on all claims. The claim for race discrimination will proceed against the city.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: March 30, 2024, Case #: 1:23cv153, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Thompson grants, in part, a college, its president, and its vice president’s renewed partial motion to dismiss and the chancellor of postsecondary education’s motion to dismiss this unlawful discrimination and retaliation dispute brought buy two former employees. The employees are both Hispanic and allege they were treated differently than their coworkers when denied promotions. The age discrimination declaratory relief against the president, vice president and chancellor in their official capacities are dismissed. The employees’ claim for monetary damages may proceed against the president and vice president in their individual capacities, as can the declaratory relief claim. The employees’ motion for order of substitution to add the interim president in her official capacity is denied as moot.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 3:14cv33, NOS: Employment - Civil Rights, Categories: Equal Protection, employment Discrimination, employment Retaliation
J. Vilardo finds for a company accused of firing an employee for complaining about race and age discrimination because the record does not indicate that a supervisor's criticism of food "from Olive Garden or Red Lobster" had been racially motivated, and the complaint does not elaborate as to how the employee had been retaliated against. Meanwhile, the company plausibly contends the employee had been fired due to problems with her management style and for failing to comply with sanitation procedures.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 29, 2024, Case #: 1:20cv632, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Blakey partially grants a medical clinic’s motion to dismiss race discrimination, wrongful termination and Title VII claims brought by one of its former employees. The former employee, a Black single mother, claims she faced consistent racial discrimination from her supervisor, who would also leave disparaging comments regarding her daughter on social media. She eventually felt pressured to resign given the constant poor treatment. The court finds the former employee has sufficiently alleged all her claims save her Title VII caregiver discrimination allegation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:22cv7012, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Ballou grants the clinic's motion to dismiss. The employee brought this employment discrimination action against his former employer and its associate general counsel, alleging unlawful termination, retaliation, and harassment for seeking a religious exemption from the employer’s COVID-19 vaccination requirement. The employee received a write-up for drafting the religious exemption request during work time, a written warning for attendance and failure to comply with guidelines on January 4, 2022, a final written warning on January 19, 2022, for attendance, and termination on March 23, 2023, for use of profanity in a conversation with a supervisor. The employee has not made factual allegations that he is a protected class member and asserts no facts regarding his religion or the nature of his sincerely held religious beliefs.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv7, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Hall dismisses an employment discrimination complaint against Amazon Fulfillment, who was sued by a Hispanic warehouse worker alleging she was denied a promotion, harassed and fired because of her ethnicity. The court finds she fails to link Amazon’s decisions not to promote her and to later fire her to her ethnicity, and her claim for hostile work environment fails because she provides only one instance that suggests racially motivated harassment.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:21cv3092, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Marks grants, in part, the mayor’s motion to dismiss this employment dispute brought by a former employee of the police department who is a white woman. The employee alleges she was forced to retire due to ongoing “discrimination, harassment, retaliation and bullying,” and she brings numerous claims, including equal protection, conspiracy, invasion of privacy and defamation. The court finds the intercorporate conspiracy doctrine prohibits the conspiracy claim. All other claims proceed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 2:22cv458, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Thompson denies a chemical company’s partial motion to dismiss in this employment dispute brought by a former employee. The employee alleges sex-based discharge discrimination claim after she reported being sexually harassed and sexually assaulted by a male supervisor. The company alleges that the employee fails to exhaust her claim because the EEOC charge did not point to similarly situated comparators who were fired. None of those particulars are required at the charging stage and the evidence so far suffices to defeat the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 2:23cv531, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation