738 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Alonso partially grants UPS’s motion for summary judgment on retaliation and sex & disability discrimination claims brought by one of its human resources managerial employees. The manager claims UPS didn’t provide her necessary accommodations to express breast milk at work, retaliated against her for taking maternity leave and for filing and filing an EEOC complaint, and passed her over for promotion. The court finds she has not sufficiently alleged her claim under the FMLA, nor her retaliation claim related to her maternity leave. Her remaining claims stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 29, 2024, Case #: 1:21cv3506, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Johnson denies, in part, the employer's motion for summary judgment, ruling the employee's Americans with Disabilities Act claim will proceed because a reasonable jury could find his knee injury, which forced him to wear a brace, caused him to limp, and was exacerbated by sitting or standing, substantially limited a portion of his major life activities and rendered him disabled. However, because a mandatory overtime shift that led to the employee's termination was not covered by Family and Medical Leave Act or any other type of leave, the retaliation claim must be dismissed.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Shea grants Yale University's motion for summary judgment, ruling the employee's performance issues over a number of years, including many problems she admitted to during her deposition, gave the university a legitimate reason to fire her despite her claims of age and race discrimination.
Court: USDC Connecticut, Judge: Shea, Filed On: February 29, 2024, Case #: 3:21cv1552, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hillman rules in part for Burlington Coat Factory in claims accusing the company of firing a transgender retail sales associate, who contends she had been misgendered about 40% of the time, after she disclosed a disability and complained to HR about a supervisor who stated "there was a transvestite" in the department. The employee failed to rebut legitimate reasons presented for her firing, including poor performance and attendance issues, but alleged repeated harassment by coworkers was sufficiently severe and pervasive to "detrimentally affect her."
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:18cv11266, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Kearse finds that the district court improperly dismissed workplace discrimination and retaliatory termination claims because the employee raised triable issues of fact in hostile work environment claims and claims contending she was retaliated against by being transferred to work in a city 160 miles away from her family. She also presented triable issues in claims contending she suffered discriminatory termination and was paid less than an identified male coworker.
Court: 2nd Circuit, Judge: Kearse, Filed On: February 28, 2024, Case #: 20-3599, Categories: employment Discrimination, employment Retaliation
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, employment Discrimination, employment Retaliation
J. Maldonado partially grants a university board’s motion to dismiss employment discrimination claims brought by an employee of the university’s health care and hospital system. The employee, a middle-aged Black woman, claimed she faced race and age-related discrimination at work, was unfairly targeted by her superiors for criticism, and faced retaliatory discipline for formally complaining about this treatment to the Equal Employment Opportunity Commission. The court finds the employee has not sufficiently alleged her state law claim under the Illinois Gender Violence Act, or her adverse action claim. The rest of her claims against her employer stand.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: February 27, 2024, Case #: 1:23cv1410, NOS: Employment - Civil Rights, Categories: Health Care, employment Discrimination, employment Retaliation
J. Agee upholds the lower court decision to grant summary judgment to South Carolina’s probation agency on a former employee’s gender discrimination and retaliation claims. She was fired once and rehired after the EEOC agreed that she had been passed over for a job because the agency wanted a man. This time around, she resigned after she failed a polygraph test during an investigation of her for having sex with a subordinate before removing the subordinate from her team. She could not show how the investigation she faced was retaliation for protected activity. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: February 27, 2024, Case #: 21-2275, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Brimmer allows a high school army instructor to continue claims contending he faced racial discrimination as a Black employee because discrimination may have occurred when staff members said things such as "here comes the pimp" when he entered the room and when he was made to wear his uniform even though white instructors wore whatever they wanted. However, retaliation claims should be dismissed because the army instructor failed to demonstrate the initial equal employment charge was causally connected to adverse employment actions.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 26, 2024, Case #: 1:23cv137, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Barber grants summary judgment to the employer, dismissing the employee's suit alleging that the employer retaliated against him for taking medical leave. The employee has not cited any cases holding that conduct like the employer's was sufficiently "outrageous" to qualify as intentional infliction of emotional distress, nor demonstrated that allowing law enforcement to place a tracked package in his truck without notifying him was an adverse employment action. He also has not shown that warning letters or a denial of vacation were materially adverse actions.
Court: USDC Middle District of Florida, Judge: Barber, Filed On: February 23, 2024, Case #: 8:22cv1801, NOS: Family and Medical Leave Act - Labor, Categories: Employment, employment Discrimination, employment Retaliation
J. Casper denies in part three employers’ motion to dismiss claims brought against them by a former employee. The former employee is not entitled to commissions on customer payments that occurred after she was fired, but there is a strong enough probability that her firing was timed to avoid paying her, so her claims of bad faith, unjust enrichment and quantum meruit cannot be dismissed at this time.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 23, 2024, Case #: 1:23cv10419, NOS: Civil Rights - Habeas Corpus, Categories: Employment, employment Discrimination, employment Retaliation
J. DeGiusti partially grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee under the Americans with Disabilities Act. Summary judgment is appropriate as to the employee's ADA retaliation and discrimination claims. The company provided a "legitimate, nondiscriminatory reason" for the employee's termination, and the employee, who was diagnosed with cancer, failed to show pretext. Summary judgement is not appropriate, however, as it relates to the employee's request for a recliner in her office "for times when she felt sick at work."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 22, 2024, Case #: 5:22cv514, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, employment Discrimination, employment Retaliation
J. Maze grants a poultry processing company’s motion for summary judgment on a former employee’s disparate treatment, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. The company terminated the employee while on medical leave. The employee fails to show evidence for an adverse action of discrimination or retaliation for failure to accommodate.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: February 21, 2024, Case #: 1:21cv1292, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, employment Discrimination, employment Retaliation