1,949 results for 'nos:"Employment - Civil Rights"'.
J. Williams partially grants a fire department, its president and another member’s motion for summary judgment in this employment dispute brought by a couple that were former volunteer firefighters. The couple alleges unlawful expulsion, retaliation against the exercise of free speech, defamation, defamation per se and tortious interference with a beneficial relationship after the department suspended them for harassing and assaulted the other member. The couple attended hearings, but the bylaws did not allow them to attend the expulsion meeting held before they were able to submit additional evidence. The couple cannot establish that they were in fact employees, nor that they received any remuneration before the expulsion, or that they experienced an actual loss after the expulsion. The defamation and defamation per se claims are ready to proceed to trial, the president and member e-file a joint status report.
Court: USDC Connecticut, Judge: Williams, Filed On: April 1, 2024, Case #: 3:20cv1677, NOS: Employment - Civil Rights, Categories: Civil Rights, Defamation
J. Berg dismisses discrimination claims an assistant superintendent brought after, for example, being told following a speech he gave for Black History Month, "You sound like a black nationalist and these PTA moms aren’t going to want you as their superintendent." The assistant superintendent frequently disagreed with other staff members regarding the district's methods for handling racial incidents involving students and staff, and he had neither faced demotion nor experienced a decrease in pay. Meanwhile, he willingly resigned due to stress.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: March 31, 2024, Case #: 2:21cv12562, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Bryan grants, in part, the city, its administrator and director of the leisure services department motion to dismiss in this employment dispute brought by a former recreation program coordinator. The coordinator,a Black woman, alleges race discrimination, a hostile work environment, retaliation in the workplace. The coordinator fails to plead sufficient facts to state a plausible claim for administrative remedies, retaliation, causation, due process, protected speech and defamation in her complaint. Therefore, the administrator and director are dismissed from this case on all claims. The claim for race discrimination will proceed against the city.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: March 30, 2024, Case #: 1:23cv153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Contreras partially dismisses a former Veterans Affairs labor management relations specialist’s civil rights claims arising from VA’s termination of his remote work agreement, decision to transfer him from a Texas facility to an Arkansas one, and denial of a pay raise. His failure to accommodate claim fails because he did not specify what accommodations he needs or requested; he failed to allege causation for his disability discrimination claim; he succeeded in arguing that he may have been discriminated against when he wasn't chosen for a labor specialist role, however.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 29, 2024, Case #: 1:22cv3209, NOS: Employment - Civil Rights, Categories: Administrative Law, Jurisdiction, Medicare
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Thompson grants, in part, a college, its president, and its vice president’s renewed partial motion to dismiss and the chancellor of postsecondary education’s motion to dismiss this unlawful discrimination and retaliation dispute brought buy two former employees. The employees are both Hispanic and allege they were treated differently than their coworkers when denied promotions. The age discrimination declaratory relief against the president, vice president and chancellor in their official capacities are dismissed. The employees’ claim for monetary damages may proceed against the president and vice president in their individual capacities, as can the declaratory relief claim. The employees’ motion for order of substitution to add the interim president in her official capacity is denied as moot.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 3:14cv33, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Discrimination, Employment Retaliation
J. Sabraw rules an employee may pursue failure to accommodate claims against Amazon related to his "bow-legged gait." The employee has sufficiently alleged that his manager insisted that there was no way to accommodate what the manager referred to as the employee's "obvious disability" and "limp," leading Amazon to determine that it could no longer provide him a temporary accommodation due to the "peak season" and subsequently placed the employee on a leave of absence.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: March 29, 2024, Case #: 3:22cv1275, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Vilardo finds for a company accused of firing an employee for complaining about race and age discrimination because the record does not indicate that a supervisor's criticism of food "from Olive Garden or Red Lobster" had been racially motivated, and the complaint does not elaborate as to how the employee had been retaliated against. Meanwhile, the company plausibly contends the employee had been fired due to problems with her management style and for failing to comply with sanitation procedures.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 29, 2024, Case #: 1:20cv632, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Rothstein denies Boeing summary judgment on the hostile work environment claim in the employee's complaint alleging that Boeing did not properly investigate his complaint against a manager and did not stop its employees from harassing the employee after he filed a workers’ compensation claim for a “brain/mental/stress” injury. The hostile work environment claim is not time barred because a reasonable jury could consider that the incident with the manager is part of an ongoing hostile work environment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Jury
J. Dimke denies the health department's motion to dismiss the loss of consortium claim of the employee's complaint, which alleges that the health department fired her for sending an email to the Spokane Regional Health District's board members and its administrative officer objecting to the firing of one of its employees. The health department does not demonstrate as a matter of law or cite any legal authority that the employee cannot sustain her claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 29, 2024, Case #: 2:22cv46, NOS: Employment - Civil Rights, Categories: Employment
J. Blakey partially grants a medical clinic’s motion to dismiss race discrimination, wrongful termination and Title VII claims brought by one of its former employees. The former employee, a Black single mother, claims she faced consistent racial discrimination from her supervisor, who would also leave disparaging comments regarding her daughter on social media. She eventually felt pressured to resign given the constant poor treatment. The court finds the former employee has sufficiently alleged all her claims save her Title VII caregiver discrimination allegation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:22cv7012, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Merkl denies a motion filed by former New York Governor Andrew Cuomo to unseal portions of a non-party’s deposition testimony as well as text messages sent between herself and another non-party individual. The case involves allegations that Cuomo sexually assaulted a female member of his protective service unit while he was in office. The court finds granting the request in such a high-profile case would only discourage potential witnesses from providing information for fear of their comments becoming public.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: March 29, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: Discovery
J. Donnelly denies in part a Brooklyn law firm’s motion for summary judgment and preserves a single claim for race-based hostile work environment, finding enough evidence to allege one of its partners’ actions, which included espousing white supremacist views, playing Confederate songs in the workplace and watching racist videos on his computer, was pervasive. The main question for the jury is whether the partner was her supervisor or a coworker for purposes of employer liability.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 29, 2024, Case #: 1:19cv1979, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Hall dismisses an employment discrimination complaint against Amazon Fulfillment, who was sued by a Hispanic warehouse worker alleging she was denied a promotion, harassed and fired because of her ethnicity. The court finds she fails to link Amazon’s decisions not to promote her and to later fire her to her ethnicity, and her claim for hostile work environment fails because she provides only one instance that suggests racially motivated harassment.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:21cv3092, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hall grants summary judgment to a group of New York City transportation police officers and dismisses a former sergeant’s employment retaliation and constructive discharge complaint. His refusal to follow his superiors’ orders did not constitute protected activity, none of the defendants’ actions constituted adverse employment actions and his constructive discharge fails because the last alleged retaliatory action occurred four months prior to his resignation.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:17cv3779, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Marks grants, in part, the mayor’s motion to dismiss this employment dispute brought by a former employee of the police department who is a white woman. The employee alleges she was forced to retire due to ongoing “discrimination, harassment, retaliation and bullying,” and she brings numerous claims, including equal protection, conspiracy, invasion of privacy and defamation. The court finds the intercorporate conspiracy doctrine prohibits the conspiracy claim. All other claims proceed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 2:22cv458, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Thompson denies a chemical company’s partial motion to dismiss in this employment dispute brought by a former employee. The employee alleges sex-based discharge discrimination claim after she reported being sexually harassed and sexually assaulted by a male supervisor. The company alleges that the employee fails to exhaust her claim because the EEOC charge did not point to similarly situated comparators who were fired. None of those particulars are required at the charging stage and the evidence so far suffices to defeat the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 2:23cv531, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation