7 results for 'cat:"Employment" AND cat:"Emotional Distress" AND cat:"Employment Retaliation"'.
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, emotional Distress, employment Retaliation
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation
J. Gordon grants Hilton’s motion to dismiss this suit alleging disability discrimination, harassment and retaliation brought by the former employee. Claims focus mostly on conduct by police, who the employee says have harassed and stalked her at Hilton’s direction. The allegations are conclusory and do not plausibly allege extreme and outrageous conduct or severe emotional distress.
Court: USDC Nevada, Judge: Gordon, Filed On: October 23, 2023, Case #: 2:23cv988, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation
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J. Jenkins partially grants McDonald’s motion to dismiss four civil rights claims brought against it by a former high-ranking employee. The former employee, who is Black, worked for McDonald’s for 35 years, including 10 years as its vice president of global safety, security, and intelligence. A public backlash against McDonald’s occurred after its CEO Christopher Kempczinski made racist comments in a text message to former Chicago mayor Lori Lightfoot in response to a Chicago shooting in 2021, and the employee said he faced his own backlash in the company after he criticized Kempczinski for his words. He was eventually terminated after Kempczinski blamed him for an incident in which the CEO was confronted directly by labor union activists in New York. The employee alleged multiple counts in his subsequent lawsuit against McDonald’s, and the court now dismisses two of them: hostile work environment and intentional infliction of emotional distress. The employee’s retaliation and disparate treatment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 22, 2023, Case #: 1:22cv7037, NOS: Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation