18 results for 'cat:"Civil Rights" AND cat:"Employment" AND cat:"Evidence"'.
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Norton denies Boeing's motion to dismiss an age discrimination suit. The employee, who is over the age of 40, says a supervisor lowered his evaluations after the employee reported his antagonistic behavior. The employee says the supervisor also altered his job title in order include him in a list of workforce reduction layoffs. Allegations the supervisor changed the employee's job title, that the only other people laid off were 53 and 55, and that the employee was replaced with younger employees are sufficient to make a plausible claim for age discrimination.
Court: USDC South Carolina Aiken, Judge: Norton , Filed On: March 27, 2024, Case #: 2:23cv2631, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker’s dorm and was shown a 15-second video of “a man’s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, employment Retaliation
J. Currault denies a request by a Chevron plant to dismiss a 52-year-old white supervisor’s employment discrimination claims based on his race, sex and age. He alleges he was subjected to increased scrutiny, disparate treatment and required to work excessive shifts to force him out so his employer could further its diversity efforts by promoting younger minority workers. At the current stage of the litigation, his allegations allow him to proceed on his discrimination claims based on race, gender and age.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:23cv7203, NOS: Employment - Civil Rights, Categories: civil Rights, employment, evidence
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J. Cain grants summary judgment to a district attorney, dismissing racially biased discharge claims by a black prosecutor from the previous political administration. The litigant complains the transition committee for the incoming district attorney raised infractions that had not previously been brought to his notice and attacks the affidavits of his former coworkers accusing him of falling short on various expectations. However, he fails to show different standards were applied to any similarly situated white employee.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: January 29, 2024, Case #: 2:22cv6109, NOS: Employment - Civil Rights, Categories: civil Rights, employment, evidence
J. Brown finds a lower court improperly dismissed a former child inmate's motion to file sexual abuse claims against a female juvenile corrections officer. The State argued that his notice of claims are time- barred. However, he presented sufficient evidence in court that House Bill 2466 grants victims of sexual abuse an extension on claims that are barred by the passage of time. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: December 5, 2023, Case #: 1 CA-CV 21-684, Categories: civil Rights, employment, evidence
J. Fallon grants a request by the Orleans Parish sheriff and her director of employment, dismissing a hostile workplace claim by a human resources staffer who was fired after she was absent for several weeks due to emergency surgery and hospitalization required to protect herself and her newborn child. The manager’s actions, though dubious, did not rise to the level of “objectively offensive harassment.” Without more, the fired staffer’s claims cannot survive. The litigant’s claims against the sheriff remain.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: October 18, 2023, Case #: 2:23cv2981, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Aiken dismisses the timber and wood products company as a defendant in the seasonal agricultural worker's case alleging that she was fired for reporting a co-worker for sexually inappropriate advances. There is no evidence that the timber and wood products company acted as a joint employer of the worker because it did not supervise, direct or otherwise control the worker or her schedule.
Court: USDC Oregon, Judge: Aiken, Filed On: October 13, 2023, Case #: 6:22cv882, NOS: Employment - Civil Rights, Categories: civil Rights, employment, evidence
J. Dingemans finds a lower court improperly dismissed Dyson Technology's libel claims against a news organization. The news organization argued that it was entitled to broadcast claims that a certain vacuum manufacturer exploited factory workers in Malaysia by forcing them to perform duties in inhumane conditions. However, Dyson presented sufficient evidence in court that, although the news organization did not use its name, consumers would have assumed it was the high end vacuum maker. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Dingemans, Filed On: July 25, 2023, Case #: CA-2022-2241, Categories: civil Rights, employment, evidence
J. Nagala denies, in part, the employer's motion for summary judgment, ruling the 0.5% pay increase given to the black employee, a raise significantly less than the standard 3% raise, qualifies as an adverse employment action and can establish a prima facie case for discrimination, given that his quantitative performance numbers did not warrant a negative performance review. However, the isolated incidents involving a coworker who played the black employee a rap song with the n-word and claimed he resembled a rapist featured on the news are insufficient to support the employee's hostile work environment claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 17, 2023, Case #: 3:21cv1630, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Currault denies a request by a refinery to dismiss a race and gender workplace discrimination complaint by a Black woman who was fired from the plant. The refinery unsuccessfully argued that the woman’s claims are time-barred because she filed suit 18 days after a 300-day deadline for filing an EEOC charge. Based on the undisputed evidence, the ruling cannot establish that the woman failed to timely deliver her EEOC charge. In addition, the fired employee provided factual information regarding her complaints about women having inadequate facilities, e.g. a shower and restroom, as compared to men.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: July 7, 2023, Case #: 2:23cv858, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Fleming grants the employer's motion for summary judgment, ruling the pregnant employee's deposition testimony about the reasons for her termination are entirely self-serving and unsupported by the record. Additionally, the male employees she uses as comparators were neither on their probationary periods when they were disciplined nor were they treated differently for similar use of medical leave.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: June 5, 2023, Case #: 1:20cv1683, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, employment Discrimination
J. Gordon grants the customer support company’s motion for summary judgment in this class action alleging that employees were not paid for time spent booting up their computers before clocking in or for time spent powering down the computers after clocking out. The employees have not raised a triable issue as to whether the time at question was not trivial, or that it was not adjusted if found to be significant. The employees have not offered evidence sufficient to determine uncompensated time as a matter of just and reasonable inference.
Court: USDC Nevada, Judge: Gordon, Filed On: May 22, 2023, Case #: 2:18cv233, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, employment, evidence
J. Bolden grants the employer's motion for summary judgment, ruling that while the security manager's supervisor asked him several times before his termination if he planned to retire, the manager's alcohol consumption at a company event gave the employer a legitimate reason to fire him. There is no evidence of pretext, as several of the comments were made years before the manager's termination, and he was replaced with someone in his protected age group.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 12, 2023, Case #: 3:21cv1486, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, employment Discrimination