2,131 results for 'cat:"Employment Discrimination"'.
J. Levy grants the dismissal of all claims brought against Westbrook, Maine, and several of its officials by a former employee they fired. The employee’s supervisor’s different treatment of the employee was not do to the employee being male, but the fact that the employee replaced the supervisor’s paramour, so it wasn’t discrimination on the basis of sex.
Court: USDC Maine, Judge: Levy, Filed On: April 24, 2024, Case #: 2:23cv123, NOS: Civil Rights - Habeas Corpus, Categories: Employment, employment Discrimination, Employment Retaliation
J. Flanagan grants an IT management company’s motion for summary judgment following allegations of race discrimination and wrongful termination brought by a former manager. The manager, a Black man originally from Haiti, argues that his white male supervisor did not promote him but promoted another white man, instead placing the manager in a newly created role instead. However, the supervisor correctly argues that the manager did not have the skill set for those positions, and the manager accepted the role offered. The manager also fails to present any evidence of race discrimination or sufficient evidence for wrongful termination after he resigned.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:22cv345, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, Employment Retaliation
J. Flanagan grants a municipality’s motion to dismiss wrongful termination and gender and race discrimination allegations brought by a former parks and recreation director. The director, a Black woman, alleges that after a series of discussions and emails regarding her conduct, her supervisors became increasingly hostile and fired her without warning or explanation. She makes reference to several other employees’ actions that did not result in their termination, but the information she provides is too vague to proceed under a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:23cv630, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, Employment Retaliation
J. Cullen grants the foundation repair company's motion to dismiss in an employment discrimination suit. The salesman claims his manager engaged in favoritism, publicly criticized him, manipulated the distribution of leads, and pressured him to use unethical sales tactics, which the salesman refused to carry out. The salesman later disclosed his mental health struggles, including suicidal ideations and poor mental health. The manager claimed to fire him for poor sales numbers, but the salesman felt his termination was pretextual. The salesman failed to provide any facts that would support his theory that he was discriminated against because of his mental health issues.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: April 23, 2024, Case #: 7:23cv638, Categories: Ada / Rehabilitation Act, Employment, employment Discrimination
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Per curiam, the appellate division finds that the lower court improperly dismissed an employee's race discrimination claims against the city. The employee raised an inference of racial animus through allegations of differential treatment of similarly situated white officers. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02156, Categories: employment Discrimination
J. Van Meerveld grants summary judgment to the city of New Orleans, dismissing a Title VII racial discrimination suit by a fired white police sergeant who alleges he was disciplined more harshly than nine black officers for similar offenses. The sergeant’s eight social media posts clearly advocate unnecessary force and use terms historically used to demean black people, such as “animals,” and “savages," to describe Black Lives Matters protesters after the murder of George Floyd. The black officers cited were not comparators. The Louisiana Supreme Court reinstated the sergeant with back pay and emoluments on appeal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: April 23, 2024, Case #: 2:22cv5060, NOS: Employment - Civil Rights, Categories: employment Discrimination, Police Misconduct
J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Employment, employment Discrimination, Employment Retaliation
J. Forrest finds that the district court improperly dismissed a hostile-work-environment claim brought by a NASA scientist but affirmed the district court’s summary judgment in favor of NASA on his disability-discrimination claim, and remanded for further proceedings. The employee has physical disabilities related to his hips and spine that he alleged required him to purchase premium-class airlines tickets for flights over an hour long. He sued NASA under the Rehabilitation Act of 1973, alleging that he suffered a hostile work environment after informing his supervisors of his disabilities and requesting upgraded airline tickets for work travel, and alleging he was discriminated against due to his disability by being passed over for a promotion. Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: April 22, 2024, Case #: 22-15889, Categories: Employment, employment Discrimination
J. Rice dismisses UPS's affirmative statute of limitations defense against the package car cover driver's complaint alleging that UPS's superiors assigned him to less desirable routes, overloaded him with work and tried to uncover unfavorable information about the driver because of his race. The statute of limitations for Washington Law Against Discrimination and related state law tort claims is three years, and the driver filed this lawsuit in October 2022 so his claims can only go as far back as October 2019, but the acts that happened before October 2018 involved the same people named in the driver's lawsuit. As such, the driver can introduce evidence of acts that happened before Oct. 18, 2018, to support his hostile work environment claim.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 22, 2024, Case #: 1:22cv3149, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination
J. Mann finds that the lower court improperly found in favor of a university after a former employee says she was fired and passed up for a promotion because of her gender. There is testimony on the record that there was an environment of gender stereotypes and favoritism towards her male colleagues, as well as the fact that two positions opened up after she was fired that were both filled by men, that give rise to a genuine issue of fact as to whether she was treated differently because of her gender. Reversed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: April 22, 2024, Case #: 84592-6-I, Categories: Employment, employment Discrimination
J. Rubin grants a credit union and its employees’ motion to dismiss allegations of race and gender discrimination by a former Black female employee. The employee alleges that she was suspended, denied a promotion and treated unfairly by the assistant vice president in consumer loans, who also made negative comments. The credit union argues that the individual supervisors cannot be held liable for the discrimination and retaliation claims. The court found the employee untimely filed the race discrimination claim and failed to exhaust administrative remedies for the gender-based discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: April 22, 2024, Case #: 1:23cv1314, NOS: Employment - Civil Rights, Categories: employment Discrimination, Employment Retaliation
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: employment Discrimination, Employment Retaliation
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: Venue, employment Discrimination, Employment Retaliation
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, employment Discrimination
J. Corley dismisses employment discrimination claims from a former employee of UPS who says she was repeatedly mocked for her age and weight while on duty. One co-worker allegedly taunted her by asking, "Mirror mirror on the wall, whos’ the fattest of them all?” during work. Several procedural problems plague her claims. She did not file her first suit within the limitations period, she did not give UPS proper notice of the suit, and she did not exhaust all of her options outlined in her collective bargaining agreement.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 19, 2024, Case #: 3:23cv5785, NOS: Other Labor Litigation - Labor, Categories: employment Discrimination
J. Ballou denies the emergency response company's agency to dismiss claims for sexual orientation discrimination based on disparate treatment. The openly bi-sexual employee felt her boss and others harassed her for her sexual orientation. When she attempted to relocate to a new city and begin work at a new emergency response agency, her boss provided negative reviews, calling her an odd duck and saying she makes terrible life choices concerning her sexuality.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: April 18, 2024, Case #: 3:23cv42, Categories: Employment, employment Discrimination, Employment Retaliation
J. Bernal finds in favor of the management consulting company on the camera operator's complaint alleging that he was fired for not submitting proof of getting a Covid-19 vaccination after it denied his religious exemption to the vaccine. The camera operator argues that the company did not accommodate his religious beliefs, but allowing him to continue working without receiving the vaccine "would have exposed [his] co-workers to a greater risk of Covid-19 infection" and put his co-workers' lives in danger.
Court: USDC Central District of California, Judge: Bernal, Filed On: April 18, 2024, Case #: 5:22cv2220, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, employment Discrimination
J. Rosenbaum finds that the district court properly ruled in favor of the secretary in a race discrimination and employment retaliation action brought by the nurse after she was not chosen for a promotion. The nurse, a Black woman, failed to point to any genuine dispute of material fact as to whether she experienced race or national origin discrimination. Other people were chosen for the position based on their management experience and certifications. The removal of the hiring panel's only Black member for scheduling conflicts also did not disadvantage the nurse. The nurse failed to show that any workplace hostility was causally connected to her Equal Employment Opportunity Commission complaint. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 18, 2024, Case #: 21-14185, Categories: employment Discrimination, Employment Retaliation