35 results for 'cat:"Government" AND cat:"Employment Discrimination"'.
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 department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, employment Discrimination
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J. Copenhaver grants in part the motions of the former Wood County sheriff, his chief deputy and the county commission for summary judgment in a former deputy sheriff's suit for sexual discrimination and retaliation. In addition to her failure to establish a prima facie case for retaliation, the court finds the commission is an improper party on that claim and that the former chief deputy is an improper party to her claim of sexual harassment. The commission and former sheriff remain as defendants on the deputy's remaining claim for sex discrimination by way of a hostile work environment under the West Virginia Human Rights Act.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: March 20, 2024, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: Civil Rights, government, employment Discrimination
J. Boyle partially grants a former staff member of the state’s corrections department her motion to compel after suing the department for alleged race, gender and age discrimination. Specifically, the department, which has had over six months to produce documents, must generate records of past job postings for the staff’s position to complete the discovery process. The staff member has demonstrated the standing to make this request.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 8, 2024, Case #: 5:21cv225, NOS: Employment - Civil Rights, Categories: Employment, government, employment Discrimination
J. Alston grants the government's motion to dismiss. The government employee tried for the third time, after being dismissed in two identical cases, to sue the government for mandating all federal employees become fully vaccinated against COVID-19, but his claims are barred by res judicata.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: February 1, 2024, Case #: 1:23cv671, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Covid-19, employment Discrimination
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, Employment Retaliation
J. Alvord finds the lower court properly granted the city's motion for summary judgment because the 3-year age difference between the detective and the officer promoted to sergeant was insufficient on its own to establish a prima facie case of age discrimination. Additionally, the detective's list of individuals under the age of 40 promoted to sergeant since 2008 failed to prove the city had a policy of promoting only younger officers because it did not specify whether there were any applicants over the age of 40. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 15, 2023, Case #: AC45866, Categories: Evidence, government, employment Discrimination
J. Chun grants the employee summary judgment for his claim that signing a letter on Aug. 9, 2019, with 20 other employees about the U.S. Environmental Protection Agency's handling of sexual harassment allegations and complaining to the Equal Employment Officer are protected activities. There is precedent for protecting an employee's right to complain about the discriminatory treatment against others in the workplace even if the complainant is not part of the same protected class as the afflicted party.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 15, 2023, Case #: 2:22cv45, NOS: Employment - Civil Rights, Categories: Employment, government, employment Discrimination
J. Groh grants the Secretary of Veterans Affairs' motion to dismiss the former nursing assistant's suit claiming her termination from the Martinsburg Veterans Affairs Medical Center was racially motivated. The allegations raised in the current suit - filed more than four years after receiving her "right-to-sue" letter from the U.S. Equal Employment Opportunity Commission - are no different from the ones raised in her two prior complaints that were dismissed for her failure to allege sufficient facts to back-up her claims.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: December 12, 2023, Case #: 3:22cv154, NOS: Employment - Civil Rights, Categories: government, Health Care, employment Discrimination
J. Guidry denies a request by the Louisiana State Police to dismiss Title VII racial discrimination claims by a white former lieutenant who alleges two less qualified, non-white lieutenants were promoted ahead of him to captain in the department’s gaming enforcement division. The department unsuccessfully argues that although the lieutenant may have held the highest examination grade and had the most years-in-service, he was not necessarily more qualified because he had “no actual gaming experience.” While this may be true, and while the department may ultimately prevail, the lieutenant has set forth plausible allegations that he suffered race discrimination.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv772, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, Employment Retaliation
J. Abelson grants the postmaster general his motion to dismiss allegations of race discrimination and retaliation brought by a potential employee. The potential employee, a Black man, was terminated from the FDA and argues he was denied employment at the Postal Service due to his race and national origin. In his amended discrimination claim, he fails to add factual allegations that the postmaster took adverse action by hiring someone less qualified and based on his previous employer’s performance review; this is dismissed with prejudice. He also failed to state a claim for retaliation.
Court: USDC Maryland, Judge: Abelson, Filed On: December 8, 2023, Case #: 1:21cv2709, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, Employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly dismissed hostile work environment claims brought by the Baptist chaplain employed by the Federal Bureau of Prisons. The chaplain filed a formal complaint against the Catholic chaplain for derogatory remarks made against Protestants, alleging religious discrimination. The Complaint Adjudication Office (CAO) found that the “record support[ed] a claim of harassment based on religion” and awarded damages. The chaplain has mistaken “a suit to enforce the final administrative disposition” with a suit seeking “de novo review of the disposition.” The district court is not bound by the CAO’s finding of liability, and the chaplain has failed to present evidence supporting hostile work environment claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-11067, Categories: Evidence, government, employment Discrimination
J. Farris finds the lower court improperly denied a city’s motion to dismiss an employee’s claims of race discrimination and hostile work environment, but properly denied dismissal for her retaliation claim. An employee filed suit claiming she was discriminated against at work based on her race and was subjected to a hostile work environment, but the evidence is insufficient to support her claims. The lower court properly dismissed the City’s motion regarding the employee's retaliation claim as the City failed to state why it should be dismissed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00676-CV, Categories: government, employment Discrimination, Employment Retaliation
J. Donnelly denies a motion to dismiss a regional coordinator’s wrongful termination, discrimination, sexual harassment and hostile work environment complaint against the New York State Division of Homeland Security and Emergency Services. The complaint sufficiently alleges she was constructively discharged from her job with the New York State Division of Homeland Security and Emergency Services after being subjected to pervasive harassment that targeted her identity as an Hispanic bisexual woman.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 28, 2023, Case #: 1:22cv387, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
J. Meyer denies the state's motion for summary judgment in an employment discrimination action, ruling the totality of the circumstances surrounding the harassment endured by the black employee, which included a coworker hanging a noose near his cubicle, bringing a revolver to the office, and years of comments about "you people" and other racist tropes, allege a plausible claim for a hostile work environment.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 15, 2023, Case #: 3:21cv736, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
J. Kobayashi dismisses disability discrimination complaint by a Department of Defense employee, finding that the complaint was not filed within the 90 deadline from the employee and his attorney's receipt of the EEOC's final decision. The 90 days were counted from when the decision was sent out, not when it was able to be read. Equitable tolling does not apply; although the employee and attorney encountered technical difficulties when trying to initially access the decision, there was still time to file a complaint within the limits.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: September 14, 2023, Case #: 1:23cv119, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: government, employment Discrimination
J. Wood denies the Illinois Secretary of State's motion to dismiss one of its former employee's discrimination claims. The former employee, who is Black, helped a friend get a restricted driving permit without taking a road test, for which she was fired. Despite the Secretary of State's arguments to the contrary, the court finds her claims are timely, and that she has plausibly alleged that the Secretary of State's Office allowed other non-Black employees get away with similar behavior.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: September 13, 2023, Case #: 1:21cv5722, NOS: Employment - Civil Rights, Categories: Employment, government, employment Discrimination
J. Graham grants the state industrial commission's motion for summary judgment, ruling statements from the commissioner, including his feelings that an investigation into a male supervisor was unfair and that some of the women in the department had difficult demeanors, are insufficient to prove any discriminatory intent behind the female attorney's removal as chief legal counsel. Meanwhile, the female attorney's move to an undesirable cubicle and being assigned a new telephone number upon her return to a previous position do not constitute discriminatory or retaliatory behavior that prevented her from doing her job.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 12, 2023, Case #: 2:21cv2987, NOS: Employment - Civil Rights, Categories: Evidence, government, employment Discrimination
J. Dooley grants the city's motion for summary judgment, ruling the 61-year-old white applicant for the commissioner position was not significantly more qualified than the applicant selected for the position, while a stray remark from a hiring committee member about previously hiring an "old white man" is insufficient to prove discriminatory intent on the part of the committee. Additionally, although the applicant selected for the position was younger than the 61-year-old, he was sufficiently qualified and the gap in age alone cannot be used to support age discrimination claims.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 11, 2023, Case #: 3:21cv771, NOS: Employment - Civil Rights, Categories: Evidence, government, employment Discrimination
J. Knepp denies, in part, the city's motion for summary judgment, ruling that while the promotion denied to the black employee was a temporary one that involved work as a foreman only when the primary foreman was unavailable, the denial constitutes an adverse employment action and gives the employee a legitimate discrimination claim at this stage of the litigation. Meanwhile, the occasional use of Don King as a nickname by coworkers did not interfere with the black employee's ability to complete his work and does not rise to the threshold required for a hostile work environment claim, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 6, 2023, Case #: 3:21cv1834, NOS: Employment - Civil Rights, Categories: government, employment Discrimination