30 results for 'cat:"Health Care" AND cat:"Employment Discrimination"'.
J. Du denies the former mail processing clerk's motion for judgment on the pleadings. The Equal Employment Opportunity Commission ruled against the clerk after she complained of working conditions when diagnosed with diabetic neuropathy, finding she was not similarly situated to co-workers with resting accommodations because they worked part-time. Her manager changed her duties to allow her to sit down or use a rest bar periodically throughout the day after the USPS received a letter from the employee's physician. The USPS has not yet filed an answer to the complaint, and the pleadings have not closed; therefore, the motion is premature. The USPS's motion for dismissal of the employee's claims for race and disability discrimination is granted with leave to amend.
Court: USDC Nevada, Judge: Du , Filed On: May 15, 2024, Case #: 2:23cv397, NOS: Other Civil Rights - Civil Rights, Categories: Employment, health Care, employment Discrimination
J. Biggs grants a university health system’s motion for summary judgment following allegations of multiple civil rights violations brought by a radiation oncology resident. The resident, a Black woman, entered residency with the system despite misgivings on the part of some staff based on her previous academic performance, but it accepted her anyway. Throughout her residency, she required unprecedented support and consistently scored low in testing ranges, requiring an extension of her residency, which required more scrutiny by staff than other residents. However, she fails to produce sufficient evidence to her claims.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 27, 2024, Case #: 1:20cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, health Care, employment Discrimination
J. Agee finds the lower court improperly denied the health system's motion to set aside the jury’s award of punitive damages to an employee who claimed to be terminated for being a white man. The employee's boss fired him despite never receiving criticism and performing exceptionally in his role, receiving strong performance reviews, and gaining national recognition for himself and the marketing program he developed. The boss then promoted a white and Black woman to fill his job duties. Despite there being sufficient evidence for a reasonable jury to determine that his race, sex, or both motivated the health system's decision to fire him, he did not show that the employer perceived a risk of unlawfulness in its discriminatory conduct. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: March 12, 2024, Case #: 22-2142, Categories: Employment, health Care, employment Discrimination
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J. Maldonado partially grants a university board’s motion to dismiss employment discrimination claims brought by an employee of the university’s health care and hospital system. The employee, a middle-aged Black woman, claimed she faced race and age-related discrimination at work, was unfairly targeted by her superiors for criticism, and faced retaliatory discipline for formally complaining about this treatment to the Equal Employment Opportunity Commission. The court finds the employee has not sufficiently alleged her state law claim under the Illinois Gender Violence Act, or her adverse action claim. The rest of her claims against her employer stand.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: February 27, 2024, Case #: 1:23cv1410, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination, Employment Retaliation
J. Wyrick partially grants the defendant company's dismissal motion in this case stemming from the company's implementation of a Covid-19 vaccine mandate. The pro se plaintiff, who claims that he was terminated from his employment after objecting to the requirement, alleges religious discrimination against the company. However, his Title VII claim is dismissed with prejudice, and his state law claims are remanded to state court.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 26, 2024, Case #: 5:23cv497, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: health Care, employment Discrimination, Employment Retaliation
J. Silva denies the casino's motion for summary judgment on an employment discrimination claim filed by the intellectually disabled job applicant after the casino did not hire her. Though the casino had made a conditional offer pursuant to the applicant's completing job training through her advocacy group, the offer was retracted after the applicant exhibited limited communication skills. Though it is undisputed she had difficulty, because her job coach had previously told the casino the applicant could not perform in a particular position, certain facts remain in dispute.
Court: USDC Nevada, Judge: Silva , Filed On: January 29, 2024, Case #: 2:20cv1516, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: health Care, Jury, employment Discrimination
Per curiam, the circuit finds the district court improperly denied a cancer center's motion to dismiss. The employee does not dispute the cancer center is entitled to sovereign immunity from her age discrimination suit, being it is managed by the public University of Texas. But she supports her assertion it has waived immunity with reference to sex discrimination law, not constitutional age discrimination law. Also, the center's acceptance of federal funding does not waive immunity from discrimination suits. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-20423, Categories: Constitution, health Care, employment Discrimination
J. Rowland denies the Chicago Transit Authority’s motion for summary judgment on its employee’s disability discrimination claims. The CTA took the employee, who is diabetic, off his electrician job in June 2018 after he fainted due to low blood sugar. Despite a doctor clearing him to return to work a few weeks later, the CTA fought to keep him off-duty until October 2019, even going to an arbitrator over the issue. The court finds the employee has sufficiently alleged that the CTA’s efforts to keep him away from his job were discriminatory.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: January 2, 2024, Case #: 1:20cv2881, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, health Care, employment Discrimination
J. Hunt denies a hospital system’s motion to dismiss a former medical assistant’s disability discrimination, Fair Medical Leave Act and retaliation claims. The medical assistant has a heart condition that makes it harder for her to travel, which she claims the hospital system ignored. She also claims the hospital singled her out for scrutiny and punishment, eventually firing her, because she took FMLA leave to tend to her sick grandmother. The court finds she has adequately alleged these claims, and so denies the hospital’s motion to dismiss them.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: December 18, 2023, Case #: 1:23cv1474, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination, Employment Retaliation
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. Hoffman finds that the lower court properly dismissed an employee's discrimination suit against the hospital based on its rejection of her request for a religious exemption to the employer's policy requiring prove of a Covid-19 vaccination. The Illinois Health Care Right of Conscience Act protects employers from discrimination claims for policies intended to prevent contraction or transmission of Covid. It does not matter if the vaccine actually works to protect recipients, just that it is intended to provide protection against the virus's transmission. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 12, 2023, Case #: 230740, Categories: health Care, Covid-19, employment Discrimination
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to Midwestern State University on disability discrimination claims brought by the tenured professor who was initially denied a request to teach summer classes after his return from leave taken for anxiety and hypertension. He later took leave after being denied the request due to staffing issues, then exhausted his leave after it was granted for cervical spine issues. The professor was then terminated. He presents no evidence that he was either replaced by a non-disabled person or was treated less favorably than a non-disabled person. Other discrimination claims arising from lost income incurred by the denial of his request to teach summer classes must be reconsidered. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-11140, Categories: health Care, employment Discrimination, Employment Retaliation
J. Brown dismisses a nurse's sexual harassment, discrimination and other claims against a healthcare company and doctor. She fails to show the hospital knew of the alleged harassment, that she suffered an adverse employment action and she failed to state a claim against the doctor.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 28, 2023, Case #: 3:22cv2729, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, health Care, employment Discrimination
J. Saylor partially denies a hospital’s motion for summary judgment against 160 employees suing it after it denied their applications for medical or religious exemptions to the Covid-19 vaccine. The hospital could have chosen not to accept any religious or medical exemptions based on undue hardship, but because it approved 234 exemptions, each employee making a claim based on having been rejected for the exemption has to be reviewed on an individual basis, and the number of exemptions that it takes to create an undue hardship is a matter of dispute. However, summary judgment can be granted in specific cases where an employee failed to provide proof of a medical condition.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 28, 2023, Case #: 1:21cv11686, NOS: Civil Rights - Habeas Corpus, Categories: health Care, Covid-19, employment Discrimination
J. Elliott denies all of a school’s motions to dismiss apart from the infliction of emotional distress claim its former employee agreed to dismiss. The school claimed it hadn’t discriminated against the former employee based on her pregnancy because it hadn’t been aware she was pregnant but it was aware at the time it fired her after her medical leave that her leave included a gynecological surgery, which it could have interpreted as pregnancy-related. Also, she has additional non-pregnancy discrimination claims which the school fails to provide substantial evidence to refute.
Court: USDC New Hampshire, Judge: Elliott, Filed On: September 27, 2023, Case #: 1:22cv104, NOS: Civil Rights - Habeas Corpus, Categories: Employment, health Care, employment Discrimination
J. Crenshaw grants summary judgment to the Department of Veterans Affairs and dismisses the former employee's claims for discrimination, retaliation and hostile work environment. The former employee, a neurologist from Bangladesh, fails to establish a prima facie case of national origin discrimination. Also, his allegations fail to establish a hostile work environment claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 28, 2023, Case #: 3:21cv107, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination, Employment Retaliation
J. Niemeyer finds the lower court properly granted judgment to the railroad company. The employees failed to show that they were fired for discriminatory reasons and not for being dishonest after over 65 employees submitted format at the same time after being furloughed requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty in hopes of enjoying health and welfare benefits for up to two years. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: June 16, 2023, Case #: 21-2051, Categories: Employment, health Care, employment Discrimination
J. Grimes finds the trial court properly granted a hospital’s motion for summary judgment in this wrongful termination suit. The former employee, without obtaining a medically recognized reason for exemption, refused to get a flu vaccine as a condition of continued employment. Though the hospital views the former employee as “immunocompromised,” there is no indication that it considered this to be a “disabled” status limiting her ability to work or get vaccinated. The vaccine policy applied to all employees except those with a qualifying religious or medical exemption, which the employee did not have. Her immunocompromised status served only to reinforce the idea that she was not disabled in such a way that her health history restricted her from getting the vaccine. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: May 19, 2023, Case #: B297864, Categories: health Care, employment Discrimination