726 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Howell denies, in part, the district's motion to dismiss a former black records manager's employment discrimination claims. She sufficiently alleges her claims for gender discrimination and retaliation, disability retaliation and failure to accommodate.
Court: USDC District of Columbia, Judge: Howell, Filed On: March 21, 2024, Case #: 1:23cv1488, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Brennenstuhl denies the doctor's motion for leave to reply to the medical group's response to his motion for leave to file a second amended complaint. The doctor brought this action against his employer alleging racial discrimination, hostile work environment and retaliation. His current motion to amend adds six new claims and names nine new individual defendants, adding RICO, mail fraud, and money laundering allegations. The doctor does not have standing to bring the RICO claim nor has he established a pattern of racketeering. Making only conclusory statements, the doctors other claims are insufficiently pleaded.
Court: USDC Western District of Kentucky, Judge: Brennenstuhl , Filed On: March 20, 2024, Case #: 4:23cv73, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, Racketeering
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J. Stearns denies a former employee’s motion for partial summary judgment against her former employer, who she claims violated wage laws, discriminated against her for being white and retaliated against her after the employer significantly changed her job responsibilities, investigated her based on problematic communications between her and her coworkers, then fired her. It’s unclear if the employer could have known that the employee was under-reporting her hours worked, so the employer was not clearly knowingly failing to pay the employee properly for her overtime hours worked. There is a significant amount of ambiguity on her other claims, preventing summary judgment in favor of either party on those claims.
Court: USDC Massachusetts, Judge: Stearns, Filed On: March 20, 2024, Case #: 1:22cv10436, NOS: Fair Labor Standards Act - Labor, Categories: Employment, employment Discrimination, employment Retaliation
J. Nachmanoff grants the cybersecurity employer's motion to dismiss an employment discrimination suit. The employee suffered from various orthopedic and nerve disabilities stemming from his military service, including lumbar strain with degenerative arthritis and intervertebral disc syndrome, requiring 18 different medicines and accommodations for a parking space and a workable chair. The employee claims the employer harassed him due to his negative assessments of the software and subsequent recommendations. The employee's complaint lacks any factual allegations suggesting that his supervisors’ actions like changing his hours to coincide with personnel in different time zones, or requesting that he attend onsite meetings, had anything to do with his race, age or disability.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: March 20, 2024, Case #: 1:23cv164, NOS: Other Civil Rights - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Grimberg adopts the magistrate judge's recommendation and partially grants the employer's motion to dismiss the employee's civil rights and employment retaliation action alleging that she was fired after refusing her supervisor's sexual advances. The employee's claims alleging race, age, disability and religion-based discrimination are dismissed. However, the employee's Title VII sexual harassment claim may proceed. The employee sufficiently alleged that her supervisor fired her for violating a policy against discarding food products when she had not violated the policy.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: March 20, 2024, Case #: 1:23cv914, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. D’Agostino dismisses with prejudice an employment discrimination and retaliation complaint brought against Hamilton College by a university professor, who says he was targeted for being a Black immigrant from the Democratic Republic of the Congo. Many of his allegations involve actions that occurred prior to 2018, including the university’s decision not to appoint him to chair of the French and Franco Studies Department in 2012, which the court finds are untimely.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 20, 2024, Case #: 6:22cv1395, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
J. Hale grants the district's motion to dismiss this employment retaliation and discrimination suit. The former employee alleges she was subject to harassment and discrimination. Her complaint says certain supervisors were acting in the scope of their employment, and her claims must fail under the intracorporate-conspiracy doctrine. The employee's argument a supervisor was acting in his personal interest when he fired her is contradicted by the complaint. The dismissal of her improperly-made standalone claim for punitive damages does not preclude her from recovering damages if the evidence warrants.
Court: USDC Western District of Kentucky, Judge: Hale , Filed On: March 20, 2024, Case #: 3:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Damages, employment Discrimination, employment Retaliation
J. Wilkinson finds the lower court properly granted summary judgment to the county on all claims and dismissed the case. The police officer contends that the county transferred him to an inferior posting in retaliation for his filing a complaint alleging discrimination in departmental promotion practices. The office, tasked with training recruits at the academy, accused his employer of skipping over him for promotions for less qualified women. The chief had more than enough reason to transfer the officer, though, after a series of concerning events, including an accidental firearm discharge, allegations that a range instructor used a racial slur against black police officers, and a widespread failure to follow departmental policies, were reported from the academy. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 19, 2024, Case #: 22-1287, Categories: Employment, employment Discrimination, employment Retaliation
J. Campbell denies the defendant company's motion for summary judgment in this employment discrimination lawsuit brought by a former employee under Title VII and the Tennessee Human Rights Act, as well as the Americans with Disabilities Act. There are issues of fact precluding summary judgment, specifically as to whether the employee requested accommodations and whether the company took an adverse action against the employee.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 19, 2024, Case #: 3:22cv132, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Manasco grants Birmingham, Alabama’s motion for summary judgment in this employment dispute brought by a white former employee who worked as a police officer and was unable to wear a face mask while working due to a feeling of suffocation related to his PTSD from the Army. He felt singled out because the Black officers who did not wear masks were not disciplined and, despite providing a note for accommodations from his doctor, he was reassigned from patrol duty to the city jail. The city did not fail to accommodate because the employee was not required to wear the mask in the jail. The employee fails to show any adverse reaction to discrimination and retaliation claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 18, 2024, Case #: 2:21cv902, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Velez-Rive denies in part the Municipality of Aguadilla mayor's motion to dismiss a complaint brought by an employee who claims her position was transferred due to her political affiliations. The employee has sufficiently pleaded her claims of political discrimination based on allegations that the mayor identified her as a member of the opposing political party and then transferred her to a place where she had explicitly told him she would be unable to work.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: March 18, 2024, Case #: 3:23cv1501, NOS: Civil Rights - Habeas Corpus, Categories: employment Discrimination, employment Retaliation
J. Bredar grants a law firm’s motion to dismiss its former employee’s religious discrimination claims arising from its denial of her religious exemption from the firm’s Covid-19 vaccination mandate. She claims religious discrimination, ADA violations and wrongful termination after refusing to accommodate a religious exemption, even though she agreed to practice all other means of preventative practices in the workplace. The employee fails to plausibly allege the firm’s behavior was discriminatory, but she may file an amended complaint within 21 days.
Court: USDC Maryland, Judge: Bredar, Filed On: March 18, 2024, Case #: 1:23cv2717, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Baylson grants, in part, the transit authority’s motion to dismiss a former employee’s pro se suit alleging she was discriminated against because she is Black and because she requested accommodations for a shoulder injury and eye disability. The employee failed to sufficiently plead a case for race discrimination based solely on one supervisor who “made comments about hanging.”
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: March 18, 2024, Case #: 2:23cv1260, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Hurd preserves claims for employment discrimination and retaliation brought against a healthcare while at the same time enters judgment in its favor on a claim for disparate pay. The litigant, a Black woman employed as a coding analyst, sufficiently alleges the decision to terminate her employment was pretext for race discrimination and in retaliation for her complaint for sexual harassment. The court says a jury will have to determine whether the sexual harassment she endured was sufficiently severe or pervasive to establish a claim for gender discrimination.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 15, 2024, Case #: 5:20cv1382, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Whitney partially denies a fire security firm’s motion for judgment on the pleadings following race discrimination allegations brought by a former fire sprinkler inspector. The inspector, a Black man, argues the firm allowed him to keep a water backflow testing business on the side upon hire, but five years later, used this as an excuse to fire him. White staff members, he claims, who also had similar side businesses were not penalized or fired and also enjoyed regular reviews and raises while the inspector only got one raise after two years of “begging.” The inspector’s claim are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 13, 2024, Case #: 3:23cv304, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Vilardo allows plaintiff to continue certain pro se claims contending an employee faced a hostile work environment due to her race and had been suspended her without pay after she refused to undergo an evaluation. She also contends the employer failed to properly calculate her accrued vacation and forced her to work in dangerous conditions with mentally ill patients, but the claims against the employees and officers are duplicative of claims against the city, while many others are conclusory. Claims that refer to events that happened the day after she filed administrative charges should continue.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 13, 2024, Case #: 1:22cv725, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Sargus grants the employer's motion for summary judgment, ruling the employee's poor performance gave it a legitimate reason to fire him, and because the poor performance began well before the employee alleged any discrimination related to his requests for time off for medical testing, the employee cannot establish a claim for disability discrimination or retaliation.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: March 12, 2024, Case #: 2:22cv3752, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation