101 results for 'cat:"Employment" AND cat:"Evidence" AND cat:"Employment Discrimination"'.
J. Currault denies a request by a refinery to dismiss a race and gender workplace discrimination complaint by a Black woman who was fired from the plant. The refinery unsuccessfully argued that the woman’s claims are time-barred because she filed suit 18 days after a 300-day deadline for filing an EEOC charge. Based on the undisputed evidence, the ruling cannot establish that the woman failed to timely deliver her EEOC charge. In addition, the fired employee provided factual information regarding her complaints about women having inadequate facilities, e.g. a shower and restroom, as compared to men.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: July 7, 2023, Case #: 2:23cv858, NOS: Employment - Civil Rights, Categories: Civil Rights, evidence, employment Discrimination
J. Cole adopts the magistrate judge's findings and grants the employer's motion for summary judgment, ruling the employee's race discrimination claim fails as a matter of law because she did not present evidence of any non-black coworkers treated better than her, or that she was replaced by an employee outside of her protected class. Meanwhile, at least three witnesses testified the coworker who harassed the employee harassed nearly everyone at the office, regardless of race, and while this may be poor workplace conduct, it cannot be used as the foundation for a hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: July 5, 2023, Case #: 1:19cv670, NOS: Employment - Civil Rights, Categories: employment, evidence, employment Discrimination
J. Hecht finds that the court of appeals improperly ruled against Texas Tech University Health Sciences Center in a disability discrimination case brought by a former staff member who alleges she was let go for being morbidly obese. Morbid obesity does not qualify as an impairment under the Texas Commission on Human Rights Act. For her morbid obesity to qualify as an impairment, the staff member would need to show that it is due to a physiological disease or condition, rather than her body's natural response to her "lifestyle choices or eating habits." Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 30, 2023, Case #: 22-0179 , Categories: Ada / Rehabilitation Act, evidence, employment Discrimination
J. Halpern grants the county's motion for summary judgment in this employment racial discrimination suit brought by the Black senior engineering aid who, while working on a bridge project, alleges that his supervisor treated his Caucasian counterparts differently as to overtime and promotion opportunities. The aid's complaining of this resulted in the creation of overtime for him. He later repeatedly refused to meet with his supervisor to discuss his personal use of an assigned vehicle. His arguments regarding company policy on vehicle use do not excuse the insubordination and do not support an inference that the reason for his termination was retaliation for protected activities.
Court: USDC Southern District of New York, Judge: Halpern , Filed On: June 30, 2023, Case #: 7:17cv9121, NOS: Civil Rights - Habeas Corpus, Categories: evidence, employment Discrimination, employment Retaliation
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J. Alejandro grants Amtrak’s motion for summary judgment in this employment matter. A former inspector for Amtrak claims he was terminated because he is African-American, but he presents no evidence to support his claims of discrimination and retaliation. While the inspector was employed with Amtrak, investigators found he had accepted a suit and shoes and a furnace for his church from an Amtrak contractor, which violates Amtrak’s Standards of Excellence and Conflict of Interest Policy, and the violation is the basis for his termination. The instant court finds the inspector did not meet his burden of proof and evidence is insufficient to support his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Alejandro, Filed On: June 27, 2023, Case #: 21-5355, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: evidence, Covid-19, employment Discrimination
J. Jackson grants the former employee's motion in limine, which seeks to exclude evidence regarding the claims and parties previously dismissed from the case. The defendant university does not oppose the request. Additionally, the university's motions in limine are granted in part. Evidence of her termination will not be admitted, but the parties should confer to determine a description of her departure "that is mutually acceptable."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: June 8, 2023, Case #: 6:19cv391, NOS: Employment - Civil Rights, Categories: employment, evidence, employment Discrimination
J. Fleming grants the employer's motion for summary judgment, ruling the pregnant employee's deposition testimony about the reasons for her termination are entirely self-serving and unsupported by the record. Additionally, the male employees she uses as comparators were neither on their probationary periods when they were disciplined nor were they treated differently for similar use of medical leave.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: June 5, 2023, Case #: 1:20cv1683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, employment Discrimination