4,470 results for 'cat:"Employment"'.
J. Smith denies Marriott's motion to dismiss the negligent hiring and supervision claims. The former employee alleges her supervisor sexually assaulted her at a social gathering by drugging her drink and raping her while she was unconscious. Though Marriott says the alleged assault occurred outside of work and was committed by an employee with no record of violence, the supervisor had previously resigned under allegations of sexual assault and was later rehired under the assumption that he "had grown up." The issue of whether the conduct was foreseeable considering his prior sexual harassment is a fact question that cannot be determined at this stage.
Court: USDC Rhode Island, Judge: Smith , Filed On: May 17, 2024, Case #: 1:23cv487, NOS: Other Civil Rights - Civil Rights, Categories: employment, Negligence, Assault
J. Korman amends a previous opinion and denies a petition for panel rehearing. In the amended opinion, the panel affirmed a district court summary judgment in favor of the City of Stockton, California in an employment discrimination action under Title VII and California’s Fair Employment and Housing Act. The employee alleged that he was terminated from his position as fire chief for the City of Stockton based upon his religion and, specifically, his attendance at a religious leadership event. The former fire chief did not present sufficient direct evidence of "discriminatory animus" concerning his termination. Affirmed.
Court: 9th Circuit, Judge: Korman , Filed On: May 17, 2024, Case #: 22-15485, Categories: employment, employment Discrimination
J. Rosenberg grants the employer's motion to dismiss. The former employee alleges negligent infliction of emotional distress, sexual harassment, and violations of the Civil Rights Act. As a patient service supervisor, the employee was demoted, and her pay was reduced after she declined her supervisor's obvious romantic advances. She was later terminated. The former employee has not alleged severe of pervasive harassment. That the supervisor told her that his wife was out of town and offered to lift her to reach coffee on a high shelf does not rise to the necessary level of severity to proceed.
Court: USDC Southern District of Florida, Judge: Rosenberg , Filed On: May 16, 2024, Case #: 9:24cv80117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment Retaliation
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J. Atchley grants the circuit court clerk's motion to dismiss his second counterclaim, in which he seeks attorney fees related to a previous lawsuit against him involving "identical allegations" of sexual harassment. The court finds that dismissal of the counterclaim is appropriate under Rule 21, as it "does not resolve the entire action." Additionally, the court will deny the clerk's request for partial summary judgment as to his first counterclaim, which also seeks attorney fees.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 16, 2024, Case #: 3:20cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, employment Discrimination, Attorney Fees
J. Peterson partially grants the department of corrections' (DOC) motion to dismiss the DOC employees' complaint alleging that the DOC wrongfully denied them accommodations and fired them for not complying with a new state requirement for the Covid-19 vaccination. The DOC employees abandoned some of their claims, and their remaining claims fail because they do not make any factual allegations of ongoing violations now that the proclamation has been rescinded and they do not state what specific religious actions the proclamation prohibited.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 16, 2024, Case #: 3:23cv6186, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, Class Action
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. Zimmerer finds that the trial court improperly granted the city's plea to the jurisdiction in a female police officer's suit alleging discrimination and retaliation after she was demoted from assistant chief to lieutenant by the acting chief following her role in an investigation into his son's sexually harassing conduct as a field-training officer. The demoted officer established a prima facie case of retaliation and gender discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 16, 2024, Case #: 14-23-00143-CV, Categories: employment, Municipal Law, Jurisdiction
Per curiam, the appellate division finds that the lower court properly granted the employer's motion to dismiss an employment retaliation suit. The employee failed to show that "malevolence" was the sole motivation for his demotion after an internal investigation found he had engaged in workplace discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02753, Categories: employment Retaliation
J. Clark denies the postal service's motion to dismiss for improper service a former employee's pro se suit alleging race, sex, and age discrimination. The employee shall properly serve the postal service with summons and complaint no later than June 14, 2024.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: May 15, 2024, Case #: 4:23cv1186, NOS: Employment - Civil Rights, Categories: Civil Procedure, employment Discrimination
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: Arbitration, Civil Procedure, employment
J. Whitney partially grants an insurance company and a sheriff their motions for summary judgment following gender discrimination and retaliation allegations brought by a former staff member at the sheriff’s office. In her opposition to the company’s and sheriff’s motions, the staff member makes no mention of the company nor her retaliation claim, apparently abandoning them both. As to these claims, summary judgment is granted. However, as to her gender discrimination claim against the sheriff, there are still genuine issues of fact, so summary judgment is denied.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 15, 2024, Case #: 3:23cv246, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
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. Castaneda orders both parties to respond to discovery requests in a lawsuit brought against a logistics company by a former employee who asserted that her “religious beliefs precluded her from getting a vaccination or wearing a facemask.” While the company must provide more information on why accommodating this request “would have created an undue hardship,” the former employee must likewise provide more information on her alleged beliefs and cannot use “vague claims of ‘harassment’” to obtain a protective order against discovery.
Court: USDC Western District of Texas , Judge: Castaneda, Filed On: May 15, 2024, Case #: 3:23cv148, NOS: Employment - Civil Rights, Categories: employment, Discovery, Covid-19
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. 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. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: Civil Procedure, Jurisdiction, employment Discrimination
J. Henderson grants the employer's motion for summary judgment, ruling the employee's FMLA interference claims fail. He was allowed to go on leave immediately after he injured his shoulder, while his reinstatement was denied as a result of a lack of "light duty" jobs required because of restrictions from his doctor. Meanwhile, the invasion of privacy claim based on the use of a private investigator to ascertain whether the employee performed manual labor tasks outside of work while on medical leave must also be dismissed. The investigator was in public view the entire time he recorded the employee and did not trespass on private property to obtain the footage.
Court: USDC Northern District of Ohio, Judge: Henderson, Filed On: May 15, 2024, Case #: 5:23cv1446, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Privacy, employment Retaliation
J. Wolson denies an auto company’s motion for summary judgment against a contractor hired to transport a pickup truck who was injured when the truck, which had mechanical problems, rolled over his legs. A reasonable jury could find that the contractor operated under the assumption that the truck’s transmission would hold it in place because the company negligently failed to tell him the truck was inoperable.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: May 15, 2024, Case #: 2:23cv2350, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Tort, Contract
J. Alvarez finds that an employee who claimed that his employer discriminated against him based on his age and race has not provided sufficient evidence of constructive termination. The employee was moved to another position after he complained about harassment from other workers. The employee claimed that the move and the performance plan that the employer placed him on was a discriminatory attempt to motivate him to quit. However, because the employee performed well in the new position, it was the same pay and there is no indication that it was a demotion there is no basis for constructive termination. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: May 15, 2024, Case #: 7:23cv102, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Delgado-Colon denies Southwest's motion to dismiss the retaliation claim filed by a black, female, non-Spanish-speaking employee working in Puerto Rico who made several administrative complaints alleging racial discrimination. She sufficiently alleges she was suspended and later terminated after complaining to her supervisor of discrimination, supporting claims of retaliation.
Court: USDC Puerto Rico, Judge: Delgado-Colon, Filed On: May 15, 2024, Case #: 3:21cv1328, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Austin grants the mining business' motion for summary judgment as to the employee's sexual harassment claim only. The female truck driver alleges a driver she was assigned to ride with during training sexually harassed and assaulted her, and also claims a shovel operator made a sexist comment and urinated in front of her. Disciplinary action was taken after she reported the events, though she was eventually terminated after passing performance evaluations and she received complaints from other workers regarding her unsafe habits. Because appropriate action was taken upon the driver's reports of harassment, the evidence supports summary judgment. However, evidence the driver complained of harassment only two and a half months prior to termination supports the conclusion that a reasonable jury could find the company retaliated against her.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: May 15, 2024, Case #: 3:22cv3328, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Harrison finds the circuit court properly granted a preliminary injunction in favor of the radiation oncologist. The oncologist, shareholder and member of the oncology group's board of directors proposed his son be brought into the practice after he graduated from medical school, which was approved by the board. Though minutes of a meeting show the oncologist saying his son would be his replacement, the oncologist denies having ever said this. The board moved to terminate the oncologist on grounds that family members could not work together. The injunction requiring the group to maintain the oncologist's status as an employee and shareholder during the pendency of the ensuing case was properly granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CV-22-486, Categories: employment, Health Care, Injunction