1,939 results for 'nos:"Employment - Civil Rights"'.
J. Hanen finds that the claims of professor who was denied a promotion after speaking out against discriminatory behavior toward women university employees can proceed to a jury trial based only on professor’s retaliation and discrimination claims. The professor cited emails in which she repeatedly pointed out gender-based discrimination to her supervisors, along with formal complaints she submitted to the university, which provide sufficient context for retaliation.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 11, 2024, Case #: 4:15cv2824, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
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J. Trauger grants the former employer's motion for summary judgment and dismisses this lawsuit alleging a failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who allegedly wanted space in the back of business to store her oxygen tank, testified that she was never actually denied "an accommodation that she sought." Instead, she bases her claim on an allegation that she was not told when or where to clear the space. The court concludes that her requested accommodation was in fact granted, and also, her complaint regarding breaks is not supported by the evidence.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 10, 2024, Case #: 3:22cv874, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Roman finds for the city on an employee's claims she was fired for advocating for anti-racist policies. In the employee's capacity as city planner, she repeatedly attempted to include language to encourage the identification of "anti-racist" strategies for fair housing and economic development, but her supervisor repeatedly removed the word "anti-racist" on the basis that it would alienate some members of the community. The evidence overwhelmingly shows that the employee's speech was made pursuant to her job as a city planner, so it is not protected by the First Amendment.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 10, 2024, Case #: 7:21cv4009, NOS: Employment - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Dever grants a recycling processor’s motion to dismiss three out of four race discrimination allegations brought by a former recycling truck driver. The driver, a Black man, witnessed the processor’s supervisor randomly shooting a gun at trees, trash and other things at the facility and making racist comments, such as that he would “shoot any nigger, I don’t give a fuck,” in addition to using another slur at work. Later, the driver’s direct supervisor said he was being terminated for “poor job performance,” although previously he'd been rated as doing an excellent job. Then, the processor claimed the driver abandoned his job. The driver claims the processor’s supervisor recommended he be fired to the driver’s direct supervisor, but he provides only speculation about this. However, his claim of a racially hostile work environment will proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv601, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Seibel grants a hospital’s motion to dismiss a former employee's claims that her allergic reaction to the flu vaccine is a disability under the Americans with Disabilities Act (ADA) and prevents her from receiving the COVID-19 vaccination required by the hospital. Her claim that the hospital failed to accommodate is unsubstantiated, as she requested a vaccination exemption, which the hospital was willing to consider, but the employee failed to provide the necessary documentation. Additionally, she was not the subject of an adverse employment action, as she voluntarily resigned to care for her family. The instant court finds the former employee failed to substantially support her claims.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv6152, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
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. Marston grants in part the city of Reading’s motion for summary judgment against the city’s former human resources director’s retaliation claims against the mayor, Eddie Moran, and his former special assistant, who she says sexually harassed her. The city has shown that it fired the director as the result of an outside investigation over numerous allegations of misconduct, not because of her protected activity reporting the harassment.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: April 5, 2024, Case #: 5:23cv1224, NOS: Employment - Civil Rights, Categories: Employment, 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
J. Curiel rules that a former employee may pursue invasion of privacy claims against his former employer for requiring his medical and religious information so that he could obtain an exemption for the employer's mandatory Covid-19 vaccine policy. "While reporting whether one has received the Covid vaccines" to Human Resources has a fairly minimal impact on an individual's privacy interests, "disclosing medical or religious information to obtain an exemption" may have a larger implication on privacy interests.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 5, 2024, Case #: 3:23cv580, NOS: Employment - Civil Rights, Categories: Employment, Privacy, Covid-19
J. Dever partially denies the North Carolina Department of Corrections’ motion to dismiss ADA violation allegations brought by a former employee. The employee previously sued the state’s department of public safety, her technical employer and also party to this suit, after it allegedly wrongfully terminated her. Three years later, a judge ruled the department must reinstate the employee, provide her with reasonable accommodation and back pay or benefits. The department rehired her but did not provide anything else, then fired her again two months later. The employee has provided sufficient evidence of ADA discrimination to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 4, 2024, Case #: 5:23cv673, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination