10 results for 'judge:"Kays"'.
J. Kays finds for the employer on retaliation claims filed by a white female employee who claims she was fired after refusing to fire a pregnant employee and because she was wrongly accused of sending a racist text message. The employer articulated a legitimate nondiscriminatory reason for terminating the employee. Even if she was not the author of the text message, the employer had valid concerns about her truthfulness because she gave different explanations and excuses regarding the text message.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: March 28, 2024, Case #: 4:21cv75, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Kays finds for the federal agency in a race discrimination suit claiming an employee was not selected for a promotion because she is a "dark" Black woman. The employee failed to assert a color discrimination claim in her complaint, and the evidence in the record indicates that the light-skinned Black woman who won the promotion was the best candidate based on the interviewing panel's ranking records.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: February 16, 2024, Case #: 4:21cv944, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Kays dismisses a former Black female detective's claim that the police union refused to provide her legal representation on the basis of her race and sex. There are no allegations that the union was acting under color of state law or conspired with the Kansas City police deparment, so it cannot be liable for civil rights violations under section 1983. Further, the union had a non-discriminatory reason for not providing her legal counsel, namely that the plan excludes coverage for actions taken outside the scope of her employment as a police officer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: January 17, 2024, Case #: 4:20cv920, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Labor / Unions
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J. Kays grants the employer's motion to dismiss a defamation, conversion and breach of contract action brought by the former employee. The employee failed to sufficiently allege that the employer intentionally interfered with any business expectancy or that any defamatory statements existed. The allegedly defamatory statements that the employee is "nothing but trouble" cannot reasonably be interpreted as asserting objective facts which can be proven false. The employee's action also fails to identify any contractual provisions allegedly breached by the employer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: June 2, 2023, Case #: 4:23cv6, NOS: Other Contract - Contract, Categories: Defamation, Conversion, Contract