8 results for 'cat:"Equal Protection" AND cat:"Employment Retaliation"'.
J. Dever dismisses with prejudice a former police chief’s motion to amend his complaint against a municipality and certain of its staff members, alleging they discriminated against him because he is Hispanic and blind in one eye. For instance, the town manager allegedly micromanaged the chief and made racist comments to him, such as “[you] should learn to dance the salsa.” The chief also cites not having been given a pay increase at the same time as others in similar positions, although he previously fought this and succeeded. He also claims constructive discharge based on his negative experiences, but the behavior of the manager and others does not rise to the level of discrimination under the 14th Amendment’s equal protection clause.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv446, NOS: Other Civil Rights - Civil Rights, Categories: equal Protection, Employment Discrimination, employment Retaliation
J. Thompson grants, in part, a college, its president, and its vice president’s renewed partial motion to dismiss and the chancellor of postsecondary education’s motion to dismiss this unlawful discrimination and retaliation dispute brought buy two former employees. The employees are both Hispanic and allege they were treated differently than their coworkers when denied promotions. The age discrimination declaratory relief against the president, vice president and chancellor in their official capacities are dismissed. The employees’ claim for monetary damages may proceed against the president and vice president in their individual capacities, as can the declaratory relief claim. The employees’ motion for order of substitution to add the interim president in her official capacity is denied as moot.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 3:14cv33, NOS: Employment - Civil Rights, Categories: equal Protection, Employment Discrimination, employment Retaliation
J. Urias denies, in part, the employer's motion to dismiss, ruling the employee's complaints to HR about discriminatory treatment constitute protected activity, while her negative performance reviews and interrogations by supervisors were undoubtedly adverse employment actions that can be used to support her retaliation claim. However, Supreme Court precedent prevents application of an equal protection "class of one" theory to public employment jobs; therefore, that claim will be dismissed.
Court: USDC New Mexico, Judge: Urias, Filed On: March 11, 2024, Case #: 1:21cv600, NOS: Employment - Civil Rights, Categories: Government, equal Protection, employment Retaliation
J. Ruiz denies, in part, the city officials' motion for judgment on the pleadings, ruling no provision in the police officer's CBA covers his Family and Medical Leave Act retaliation claim and, therefore, this court has jurisdiction over the claim, which is not time-barred and was not mooted by a state court settlement.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 29, 2023, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, equal Protection, employment Retaliation
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J. Sharpe preserves First Amendment and equal protection retaliation claims brought by a female former special counsel of the New York State Division of Criminal Justice Services against her supervisor. She alleges her supervision demoted her in retaliation for voluntary testimony she provided in an investigation into complaints that he was acting inappropriately towards female employees. The court finds her testimony relate to matters of the state and is therefore protected speech under the First Amendment. As well, the court finds the supervisor’s defenses for her demotion are undercut by allegations that parts of her testimony were corroborated by other employees, which could lead a jury to believe the reasons were pretextual and that her demotion was retaliatory.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: August 25, 2023, Case #: 1:18cv619, NOS: Employment - Civil Rights, Categories: equal Protection, employment Retaliation, First Amendment
J. Nagala denies, in part, the township's motion to dismiss, ruling the female firefighter makes a plausible equal protection claim under a final policy decisionmaker theory of liability based on the conduct of the fire chief, which included removing a portion of the written exam for the assistant chief position so his preferred candidate scored better and refusing to allow the female firefighter to be selected for the final round of interviews despite her qualifications.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 14, 2023, Case #: 3:22cv1094, NOS: Employment - Civil Rights, Categories: equal Protection, Employment Discrimination, employment Retaliation
J. Boulee adopts the magistrate judge's recommendation and grants the employer's motion to dismiss a civil rights and retaliation action brought by the employee alleging violations of the Family Medical Leave Act. The employee failed to name the sheriff in the charge of discrimination filed with the Equal Employment Opportunity Commission. The employee failed to show that the exception to the naming requirement applies. He also failed to specify what statutorily protected activity he engaged in. The magistrate judge correctly found that three internal grievances filed by the employee did not constitute protected activity because the employee failed to allege that he was discriminated against on the basis of his gender.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 27, 2023, Case #: 1:22cv2413, NOS: Employment - Civil Rights, Categories: equal Protection, employment Retaliation