721 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Cooper partially grants the television network's motion to dismiss its former Capitol Hill producer's suit alleging that he was fired for opposing false reporting of voter fraud and inaccurate coverage of the January 6, 2021 riot at the U.S. Capitol. The producer has not plausibly alleged that he was discriminated against because of his political affiliation, since a D.C. law barring such discrimination narrowly defines "political affiliation" as membership in or endorsement of a political party. He also has not alleged that he was terminated as a reprisal for political activity, nor cited an established policy that the network violated by firing him. While he purports that the network's stated reason for firing him, failing to show up to work when he called in sick, was pretextual, he has plausibly stated a claim of retaliation under the Sick Leave Act because of that stated reason for termination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 24, 2024, Case #: 1:23cv3401, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: Government, employment Discrimination, employment Retaliation
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J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
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. 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. 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. 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. 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
J. Drell orders a school's executive director to turn over complete and unredacted records of any phone calls and text messages he exchanged with three subordinate employees, during two days of depositions for an English instructor’s Title VII sexual harassment and retaliation suit. The school destroyed evidence to conceal it from the litigant-teacher and, therefore, the teacher is granted an “adverse inference” as a sanction. A jury may infer that deleted texts would have shown the executive director instructed the three workers how they were to testify in their depositions and that the testimony in their own depositions reflects the instructions of their boss.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:21cv4419, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, employment Discrimination, employment Retaliation
J. Eagles denies Greensboro’s Alcoholic Beverage Control (ABC) Board’s motion for judgment on the pleadings following allegations of disability discrimination brought by a former ABC warehouse worker. The worker’s doctor examined him for chronic pain after having worked in the warehouse for eight years, and he called off from work for four days on doctor’s order after he was diagnosed with plantar fasciitis. The board argues the worker does not have a disability because of the short time between when he let them know about his condition and his call-off, and it fired him less than a week after his four-day absence. However, the worker reported having had chronic pain for two years before the call-off and has demonstrated his disability under ADA.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 15, 2024, Case #: 1:23cv621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Vilardo allows a security sergeant to continue claims contending he had been given inferior scheduling opportunities and subsequently fired after complaining that he had been mocked based on his age and hearing disability and that coworkers had been illegally eavesdropping and recording conversations. Demeaning remarks had been made at a meeting several years before the alleged adverse actions occurred, and an incident in which the sergeant passed out concerned a one-time medical incident, not a disability. However, the complaint plausibly alleges the security sergeant was mocked and ostracized due to his hearing disability, and he had been fired less than four months following the investigation into retaliation claims.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 15, 2024, Case #: 1:20cv1861, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Kennelly partially grants Chicago’s motion for summary judgment on multiple employment discrimination claims from Black former employees of the Chicago Department of Water Management. The employees claims they faced racial discrimination, a hostile work environment, skipped promotions and missed overtime pay. The court finds for the city regarding the employees’ claims of discrimination involving missed promotions, overtime pay and poor shift assignments; it also dismisses three employees’ hostile work environment and discriminatory discipline claims. The remaining claims will proceed to trial.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:17cv4858, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
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