724 results for 'cat:"Employment" AND cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. AliKhan largely grants the employer's motion for summary judgment and denies the employee's cross-motion for partial summary judgment in her suit alleging that the employer failed to accommodate her disabilities and cut her hours and threatened to terminate her for taking medical leave. Summary judgment is denied to the employer as to claims related to failures to provide an ergonomic chair and desk and related to the employer's requirement that the employee recertify her FMLA leave. It is otherwise granted.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: May 3, 2024, Case #: 1:19cv1766, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Saylor denies in part several funds and their chairman’s motion for summary judgment against their former administrator who is being sued for breach of fiduciary duty and has asserted counterclaims for sexual harassment, creating a hostile work environment, retaliation for reporting harassment and failure to accommodate her Type 1 diabetes. The chairman repeatedly behaved inappropriately and made sexual comments to the administrator, such as telling her that he wanted her and had a crush on her and that his wife wasn’t taking care of him, attempting to kiss her against her will immediately after screaming and swearing at her after she gave told him his behavior made her uncomfortable, and if the breasts of an employee on medical leave for breast cancer were “any good.”
Court: USDC Massachusetts, Judge: Saylor, Filed On: May 3, 2024, Case #: 1:21cv10163, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, employment Discrimination, employment Retaliation
J. Hollander grants the university’s motion to dismiss this employment dispute brought by a former Black assistant professor alleging retaliation, race discrimination and hostile work environment claims. Her teaching contract was not renewed after making a complaint to human resources regarding a supervisor directing her to work five days a week, but she could not because of a daycare situation. She fails to include allegations related to the retaliation claims, making it inconsistent with the discrimination claims for the exhaustion requirement.
Court: USDC Maryland, Judge: Hollander, Filed On: May 1, 2024, Case #: 1:23cv2272, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
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J. Kirsch finds that the lower court properly found for the city on a female employee's gender discrimination claims. The employee does not identify adequate male comparators to support her equal pay and sex discrimination allegations, nor does she show that she engaged in protective activity to support a retaliation claim. Rather, the city presents a reasonable explanation for believing her performance inadequate in support of its decision to fire her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 30, 2024, Case #: 23-1761, Categories: employment Discrimination, employment Retaliation
J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Rowland partially grants a health care analytics company’s motion for summary judgment on one of its former employees’ discrimination claims. The former employee says the company refused to accommodate her depression, anxiety and Sjögren’s Syndrome, then fired her in retaliation for taking FMLA leave. The court finds the former employee has sufficiently alleged her disability discrimination, failure to accommodate and retaliation claims, but grants the company judgment on her FMLA interference claim. The court also denies the company’s motion for sanctions.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: April 30, 2024, Case #: 1:22cv1612, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: Arbitration, employment Discrimination, employment Retaliation
J. Dick grants a request by the state department of corrections, dismissing on procedural grounds the Title VII complaint of a fired black prison lieutenant, a 20-year veteran. He alleges he was fired for his use of force on an inmate, but a white captain who allegedly committed equal or greater violations of department police in the same incident, got to keep his job. The lieutenant’s claims of racial bias favoring the white captain fail because employees of different rank or status cannot be similarly situated.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 26, 2024, Case #: 3:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, employment Discrimination, 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
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