109 results for 'cat:"Employment" AND cat:"Covid-19" AND cat:"Employment Discrimination"'.
J. Duffin denies motions for summary judgment from the hospital software company and an employee claiming the company fired him after refusing to accommodate his request to not get vaccinated against Covid-19, which he objected to on religious grounds because he believed the vaccines were made with fetal cells. Because the employee has failed to prove a connection between his religious stance against abortion and his objection to the Covid-19 vaccine, and because the company has not shown offering to staff the employee in a different position was a reasonable accommodation, the matter will move forward to trial.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 23, 2024, Case #: 2:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, covid-19, employment Discrimination
J. Rubin denies a class of former employees’ motion to reopen the case and amend the complaint in this employment dispute against a research company. The original complaint was brought by the employees on allegations of termination due to refusal of the mandatory Covid-19 vaccine. The proposed amended complaint is confusing and lacks material facts on the religious discrimination claim, all other claims should be dismissed because they lack to state any legally cognizable claims, and by allowing amendment of these claims would be futile. The employees can file a revised proposed amended complaint for the religious discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: May 17, 2024, Case #: 1:23cv53, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, Class Action
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J. Peterson partially grants the department of corrections' (DOC) motion to dismiss the DOC employees' complaint alleging that the DOC wrongfully denied them accommodations and fired them for not complying with a new state requirement for the Covid-19 vaccination. The DOC employees abandoned some of their claims, and their remaining claims fail because they do not make any factual allegations of ongoing violations now that the proclamation has been rescinded and they do not state what specific religious actions the proclamation prohibited.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 16, 2024, Case #: 3:23cv6186, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, Class Action
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, covid-19, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, covid-19, employment Discrimination
J. Urias grants the employer's motion to dismiss, ruling the employee's failure to provide evidence any major life activity was limited by an adverse reaction to a previous vaccine prevents him from establishing a disability that would allow his discrimination claims to proceed. Meanwhile, the employee's failure to file administrative remedies for religious discrimination with the EEOC constitutes a failure to exhaust his administrative remedies and requires dismissal of the religious discrimination claims.
Court: USDC New Mexico, Judge: Urias, Filed On: April 26, 2024, Case #: 1:23cv361, NOS: Other Labor Litigation - Labor, Categories: covid-19, employment Discrimination
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. 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
Per curiam, the appellate division finds that the lower court properly found for the state employer, which denied employees' applications for religious exemptions from the Covid-19 mandate. The vaccine mandate was rationally related to the state's goal of slowing the spread of Covid-19, and petitioners failed to provide supplemental information regarding their religious beliefs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02012, Categories: covid-19, employment Discrimination
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: covid-19, employment Discrimination, Labor / Unions
J. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, First Amendment
J. Aiken dismisses the substitute teacher's complaint that the school district fired him for not receiving the Covid-19 vaccine. The substitute teacher claims that the school district violated his religious rights by firing him, but he does not show how the earlier deadline for reporting on vaccination status is discriminatory, nor does he present evidence of any pretext for discriminatory termination.
Court: USDC Oregon, Judge: Aiken, Filed On: March 31, 2024, Case #: 6:23cv688, NOS: Other Civil Rights - Civil Rights, Categories: employment, covid-19, employment Discrimination
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. Ballou grants the clinic's motion to dismiss. The employee brought this employment discrimination action against his former employer and its associate general counsel, alleging unlawful termination, retaliation, and harassment for seeking a religious exemption from the employer’s COVID-19 vaccination requirement. The employee received a write-up for drafting the religious exemption request during work time, a written warning for attendance and failure to comply with guidelines on January 4, 2022, a final written warning on January 19, 2022, for attendance, and termination on March 23, 2023, for use of profanity in a conversation with a supervisor. The employee has not made factual allegations that he is a protected class member and asserts no facts regarding his religion or the nature of his sincerely held religious beliefs.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv7, Categories: covid-19, employment Discrimination, employment Retaliation
J. Seabright refused to completely dismiss an employment suit against the Hawaii Symphony Orchestra by its former bassist, who said his termination based on his refusal to get a Covid-19 vaccination constituted religious discrimination. The orchestra did not show how an interactive process for the bassist’s religious exemption would have caused undue hardship or that placing the musician on leave was an adverse action. Further, allowing the bassist to play while being tested and masked would have fallen under the mayor’s pandemic proclamation exception, especially since he plays an instrument that would not require removal of a mask. Part of a retaliation claim is dismissed though as the bassist does not show being placed on leave was solely due to his refusal to vaccinate.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 28, 2024, Case #: 1:23cv395, NOS: Civil Rights - Habeas Corpus, Categories: covid-19, employment Discrimination