743 results for 'cat:"Employment" AND cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
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
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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. 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
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. Bennett grants the county’s motion to dismiss this employment dispute brought by a former employee on claims of retaliation and discrimination under the MFEPA and ADA. The employee was a lieutenant firefighter when she was charged with a DUI and after she attended treatment, she returned to work when she was charged with a second DUI. Her claims are unsupported, and the second DUI was legitimately the reason for her termination.
Court: USDC Maryland, Judge: Bennett, Filed On: March 28, 2024, Case #: 1:23cv2076, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Scullin enters judgment in favor of a local Honda dealership on a female accountant’s disability discrimination claims while preserving her claims for sex-based hostile work environment, retaliation and punitive damages, finding a reasonable jury could conclude she was subjected to sexual harassment in the workplace, her employer was put on notice regarding the behavior and her termination was in retaliation for those complaints.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: March 28, 2024, Case #: 6:21cv43, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Kahn dismisses a health care provider and various union officials from an employment discrimination and wrongful termination complaint brought by a self-represented hospital employee, who alleges he was denied accommodations for an unspecified disability and was the target of a conspiracy to terminate his employment because he is a practicing Muslim. Many of his claims lack a private right of action or cannot be brought against private individuals, and he fails to list his union as a defendant or identify a disability he reportedly suffers from. The rest of his claims lack any substantive detail to survive dismissal. The court further orders him to prove service was made on the 10 remaining individual defendants or the remainder of his claims will be dismissed.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 28, 2024, Case #: 1:23cv264, NOS: Labor/Management Relations - Labor, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Dever grants in part a municipality and a litany of its employees’ motions to dismiss allegations of sex discrimination and ADA violations brought by a former police detective who also served on a county board of education. Most claims are dismissed for failure to state a claim, but a few survive. During his time on the board, the detective accused a male school employee of sexual harassment of two female employees, while he was allegedly involved in a sexual affair with someone else. The detective claims sex discrimination by his supervisor because he was calling out sexual harassment against two women. But his own conduct and his claims that the police department was disorganized and out of control are what led to his termination. Also, the detective has not plausibly argued that his anxiety and depression are disabilities that compromised his ability to work.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:23cv349, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation