1,939 results for 'nos:"Employment - Civil Rights"'.
J. Drell orders a school's executive director to turn over complete and unredacted records of any phone calls and text messages he exchanged with three subordinate employees, during two days of depositions for an English instructor’s Title VII sexual harassment and retaliation suit. The school destroyed evidence to conceal it from the litigant-teacher and, therefore, the teacher is granted an “adverse inference” as a sanction. A jury may infer that deleted texts would have shown the executive director instructed the three workers how they were to testify in their depositions and that the testimony in their own depositions reflects the instructions of their boss.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:21cv4419, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
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J. Kindred denies in part a training academy attendee's motion for attorney fees and grants her and another attendees' motion for entry of judgment regarding a trainee recruit's allegations of racial and sexual discrimination while she was in the state trooper training academy. Partial final judgment dismissing the attendees is warranted, however, an award of attorney fees is not.
Court: USDC Alaska, Judge: Kindred, Filed On: April 17, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, Employment Retaliation
J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Due Process
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Whitney denies in part Wells Fargo’s motion for summary judgment on allegations of ADA violations brought by a former senior sales securities manager the bank laid off during the Covid-19 pandemic. The manager relocated from Los Angeles to Charlotte during the pandemic and requested a work-from-home accommodation, as he was concerned the new office’s bathroom set up would not be able feasible for him. The bank began layoffs after losing money during the pandemic and claims that because the manager’s annual salary, at $2.6 million, was the highest of all managers at that office, it needed to lay him off. The manager claims the bank discriminated against him because of his disability. Because there is still a genuine dispute of fact concerning whether and how the bank discriminated against the manager, summary judgment is denied and the manager’s claims survive.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 16, 2024, Case #: 3:23cv160, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, Emotional Distress, Employment Discrimination
J. Eagles denies Greensboro’s Alcoholic Beverage Control (ABC) Board’s motion for judgment on the pleadings following allegations of disability discrimination brought by a former ABC warehouse worker. The worker’s doctor examined him for chronic pain after having worked in the warehouse for eight years, and he called off from work for four days on doctor’s order after he was diagnosed with plantar fasciitis. The board argues the worker does not have a disability because of the short time between when he let them know about his condition and his call-off, and it fired him less than a week after his four-day absence. However, the worker reported having had chronic pain for two years before the call-off and has demonstrated his disability under ADA.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 15, 2024, Case #: 1:23cv621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Vilardo allows a security sergeant to continue claims contending he had been given inferior scheduling opportunities and subsequently fired after complaining that he had been mocked based on his age and hearing disability and that coworkers had been illegally eavesdropping and recording conversations. Demeaning remarks had been made at a meeting several years before the alleged adverse actions occurred, and an incident in which the sergeant passed out concerned a one-time medical incident, not a disability. However, the complaint plausibly alleges the security sergeant was mocked and ostracized due to his hearing disability, and he had been fired less than four months following the investigation into retaliation claims.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 15, 2024, Case #: 1:20cv1861, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, First Amendment
J. White grants the cleaning company's motion to dismiss overtime claims brought by two housekeepers alleging the company has a practice of arbitrarily reducing employees' wages, sometimes as a way to discipline its workers. The employees' hourly rate was $19 per hour, well above minimum wage, so even if their rate was reduced, it was still legal. Further, the complaint fails to allege the number of hours the employees' worked in a particular workweek.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: April 12, 2024, Case #: 4:23cv1479, NOS: Employment - Civil Rights, Categories: Employment
J. Kennelly partially grants Chicago’s motion for summary judgment on multiple employment discrimination claims from Black former employees of the Chicago Department of Water Management. The employees claims they faced racial discrimination, a hostile work environment, skipped promotions and missed overtime pay. The court finds for the city regarding the employees’ claims of discrimination involving missed promotions, overtime pay and poor shift assignments; it also dismisses three employees’ hostile work environment and discriminatory discipline claims. The remaining claims will proceed to trial.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:17cv4858, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation