290 results for 'cat:"Civil Rights" AND cat:"Employment" AND cat:"Employment Discrimination"'.
J. Munley denies an ambulance service's and supervisor's motion to dismiss a paramedic's employment discrimination, harassment and assault claims.
The employee's assertations that the ambulance provider's president never identified or disciplined anyone for urinating on her bed, despite having sole access to live camera footage, is sufficient to support her claims.
Court: USDC Middle District of Pennsylvania, Judge: Munley, Filed On: May 30, 2024, Case #: 3:22cv2019, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
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J. Duffin denies motions for summary judgment from the hospital software company and an employee claiming the company fired him after refusing to accommodate his request to not get vaccinated against Covid-19, which he objected to on religious grounds because he believed the vaccines were made with fetal cells. Because the employee has failed to prove a connection between his religious stance against abortion and his objection to the Covid-19 vaccine, and because the company has not shown offering to staff the employee in a different position was a reasonable accommodation, the matter will move forward to trial.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 23, 2024, Case #: 2:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Covid-19, employment Discrimination
Per curiam, the appellate division finds that the lower court properly dismissed claims for sex and age discrimination and hostile work environment filed by city employees. The claims cannot be refiled outright due to the three-year statute of limitations under Title IX and other relevant statues. Nothing in the pleadings connects the unfavorable hiring decisions directly to gender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02769, Categories: civil Rights, employment Discrimination
J. Donnelly preserves on a motion to dismiss an employment retaliation lawsuit against New York City which alleges a retired Chinese assistant warden who worked at a city prison was stripped of his overtime privileges and subjected to various other retaliatory acts after the Equal Employment Opportunity Commission issued a finding substantiating his claims for race discrimination. The court rules that, while the alleged individual acts of retaliation themselves would have not been enough, taken together as a whole they establish an inference of retaliation.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: May 17, 2024, Case #: 1:23cv5268, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Erickson finds a lower court properly dismissed a former employee's gender discrimination and retaliation claims against his employer. The transportation services employee, who is white, argued that his employer failed to investigate and take action when a Black female co-worker harassed him by rubbing her backside on him and stated, "You know you look good without clothes on." However, his employer sufficiently showed in court that it submitted a written disciplinary warning against the co- worker on his behalf, and that his eventual termination months later was not part of the investigation. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 16, 2024, Case #: 23-1242, Categories: civil Rights, employment, employment Discrimination
J. Robinson grants a vison company's motion for summary judgment concerning age discrimination claims brought by a former employee. The vision company sufficiently showed in court that the former employee, a division manager, was let go after he engaged in falsifying field coaching reports while overseeing a team of account managers.
Court: USDC Kansas, Judge: Robinson, Filed On: May 15, 2024, Case #: 2:22cv2336, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Robinson grants a vison company's motion for summary judgment concerning age discrimination claims brought by a former employee. The vision company sufficiently showed in court that the former employee, a division manager, was let go after he engaged in falsifying field coaching reports while overseeing a team of account managers.
Court: USDC Kansas, Judge: Robinson, Filed On: May 15, 2024, Case #: 2:22cv2336, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Wyrick grants the government defendant’s motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate “for failing to achieve a passing grade,” fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for “very different reasons,” meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Hanen finds that evidence does not support an employee’s claims that his prior employer retaliated against him by investigating his conduct after he made complaints about discrimination. There is evidence that the employer initiated the investigation into personal expenditures charged by the employee to the company credit card before the employee made complaints of discrimination so the investigation could not have arisen as a retaliatory action. The employer’s request for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 25, 2024, Case #: 4:22cv3454, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: civil Rights, Evidence, employment Discrimination
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. O’Connor finds that an attorney who claims that she was not promoted because she is female did not show that her employer’s reason for not promoting her is pretextual. The attorney’s claims that the qualifications of person hired for the position were exaggerated do not meet the requirement for pretext to a discriminatory decision that any reasonable employer would find the protected class member’s qualifications are superior. However, the attorney’s claims for failure to promote based on her age can proceed. The employer’s motion to dismiss claims of discrimination based on sex are granted but the motion to dismiss based on age is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 24, 2024, Case #: 4:23cv566, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination