16 results for 'cat:"Evidence" AND cat:"Employment Discrimination" AND cat:"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. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
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J. Helmick grants the employer's motion for summary judgment, ruling the Hispanic employee cannot establish a prima facie case for race discrimination. He cites only one allegedly racist comment from a coworker - a remark disputed by the coworker, made about wearing a sombrero - while the employer had several legitimate reasons to fire him, including repeatedly showing up late to work and threatening a coworker following a disciplinary meeting.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: February 13, 2024, Case #: 3:21cv1551, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
Per curiam, the circuit finds the district court properly dismissed the black IT specialist's retaliation claims. The employee resigned in protest after being passed over for a promotion, which the university accepted, viewing it as an impulsive attempt to negotiate his position. The employee showed no evidence the reason was pretext for discrimination, but only points out inconsistencies in the employment application of the black woman who was hired. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-60246, Categories: evidence, employment Discrimination, employment Retaliation
J. Huffaker grants cross-motions of summary judgment to the university in this employment discrimination suit alleging the director of academic support services was discriminated against on the basis of race discrimination and wrongful termination. The university asserts the director’s termination was “for violating a core compliance rule when he failed to timely report his knowledge of a suspected rule violation” to the NCAA, SEC and the university within six hours. The director has not, however made a prima facie showing of race discrimination and retaliation. The director’s motion to consider additional supporting evidence is granted.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 3:21cv192, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Huffaker grants Alabama State University summary judgment on a senior associate athletic director’s Equal Pay Act claim. She was terminated after being told the university was restructuring her job and only changed its title when it was given to another female under the director’s supervision. Also, she fails to show evidence to a genuine dispute for her claims, her claims are dismissed with prejudice.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: October 30, 2023, Case #: 2:22cv47, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Helmick grants the employer's motion for summary judgment, ruling the employee cannot establish a prima facie case for retaliation because she had several disciplinary issues prior to her filing of a complaint with the Ohio Civil Rights Commission, a filing that was too far removed from her termination to establish causation. Meanwhile, the claim she was replaced by a male employee without any other details is insufficient to support the employee's gender discrimination claim.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 29, 2023, Case #: 3:21cv770, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Doughty finds in favor of the developer, manufacturer and seller of a medical device used as an alternative to open heart surgery, dismissing sex discrimination and hostile workplace claims by a fired manager. The employer has met his burden of proving a legitimate, nondiscriminatory reason for terminating the manager’s employment.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 25, 2023, Case #: 5:21cv4022, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Gordon grants the county’s motion for summary judgment on all claims alleging discriminatory treatment based on sexual orientation brought by the county’s director of planning. The director cannot show he suffered an adverse employment action as he is still on the job without a change in compensation. If allegations were true that the supervisor subjected the director to harsh, unfounded criticism in an attempt to get him fired, it resulted in no changes to the terms and conditions of the director’s employment. The director has also not identified a similarly situated employee who was treated differently.
Court: USDC Nevada, Judge: Gordon, Filed On: August 8, 2023, Case #: 2:21cv1312, NOS: Civil Rights - Habeas Corpus, Categories: evidence, employment Discrimination, employment Retaliation
J. Halpern grants the county's motion for summary judgment in this employment racial discrimination suit brought by the Black senior engineering aid who, while working on a bridge project, alleges that his supervisor treated his Caucasian counterparts differently as to overtime and promotion opportunities. The aid's complaining of this resulted in the creation of overtime for him. He later repeatedly refused to meet with his supervisor to discuss his personal use of an assigned vehicle. His arguments regarding company policy on vehicle use do not excuse the insubordination and do not support an inference that the reason for his termination was retaliation for protected activities.
Court: USDC Southern District of New York, Judge: Halpern , Filed On: June 30, 2023, Case #: 7:17cv9121, NOS: Civil Rights - Habeas Corpus, Categories: evidence, employment Discrimination, employment Retaliation