93 results for 'cat:"Employment" AND cat:"Government"'.
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: employment, government, Due Process
J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: Civil Procedure, government, employment Retaliation
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: government, Interference With Contract, employment Retaliation
J. Cogburn grants the U.S. Postal Service’s motion to dismiss wrongful termination claims under Title VII brought by a former employee whom the service accused of theft. The employee denied the charge, but after an investigative interview, the service fired him. He was advised to sue the service federally within 90 days, but instead, he did so through state court 14 months later. Because he admitted the untimeliness of this, the service is granted dismissal.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:23cv747, NOS: Employment - Civil Rights, Categories: employment, government, employment Retaliation
J. Green finds a lower court properly dismissed a Slovakian national's request for severed social security under universal credit. The Slovakian national argued that she is entitled to break up universal credit benefits between herself and her son. However, the work and pensions authority sufficiently showed in court that there is not an existing child element benefit that can be severed from a whole.
Court: Her Majesty's Court of Appeal, Judge: Green, Filed On: April 26, 2024, Case #: CA-2023-1197, Categories: employment, government, Social Security
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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. Hutchison reverses the Intermediate Court of Appeals' decision affirming the West Virginia Workers' Compensation Board of Review's finding that the deputy sheriff should be awarded 13% permanent partial disability for injuries to his back after lifting a bomb-detecting robot from the back of a truck. Based on evidence the deputy submitted showing he has a 25% whole person impairment with 12% apportioned impairment to a pre-existing condition, the ICA's judgment is contrary to the plain language of the statute that "requires both proof of a preexisting condition(s) and proof of 'a definitely ascertainable impairment resulting from' the preexisting condition for the disability to be apportioned.'" Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 22, 2024, Case #: 23-43, Categories: employment, government, Workers' Compensation
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
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, government, employment Retaliation
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: Civil Procedure, employment, government
J. Bates allows a Department of Homeland Security employee’s race and sex discrimination and hostile work environments claim to proceed, but denies his other retaliation and disability discrimination claims. He was moved from Washington, D.C., to Baltimore after he had an “altercation” with his supervisor.
Court: USDC District of Columbia, Judge: Bates, Filed On: March 29, 2024, Case #: 1:22cv3548, NOS: Employment - Civil Rights, Categories: Civil Rights, government, employment Retaliation
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. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: government, Due Process, employment Retaliation
J. Gibney denies the county's motion to dismiss claims of labor law violations. In the county, sheriff deputies are expected to call in on the way to their shifts to make themselves available for emergency calls and assignments. The former sheriff's deputy properly alleged that he and others in his position are entitled to overtime pay for the pre-shift, on-duty period.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 18, 2024, Case #: 3:23cv325, NOS: Fair Labor Standards Act - Labor, Categories: employment, government, Workers' Compensation
J. Urias denies, in part, the employer's motion to dismiss, ruling the employee's complaints to HR about discriminatory treatment constitute protected activity, while her negative performance reviews and interrogations by supervisors were undoubtedly adverse employment actions that can be used to support her retaliation claim. However, Supreme Court precedent prevents application of an equal protection "class of one" theory to public employment jobs; therefore, that claim will be dismissed.
Court: USDC New Mexico, Judge: Urias, Filed On: March 11, 2024, Case #: 1:21cv600, NOS: Employment - Civil Rights, Categories: government, Equal Protection, employment Retaliation
J. Trapp finds the lower court properly granted the former city clerk's motion for summary judgment on claims related to the early termination of her employment contract. The city failed to provide 30 days notice and did not satisfy its burden to provide proof of just cause for termination; therefore, the clerk was entitled the entire amount of severance pay stated in the contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 4, 2024, Case #: 2024-Ohio-782, Categories: employment, government, Damages
J. Currault grants summary judgment to the Secretary of the Army, dismissing an engineering technician’s Title VII employment claims of sex, religion, age, and disability discrimination and complaints of a hostile work environment. The Corps of Engineers has presented substantial evidence, including sworn declarations of the technician’s supervisors, coworkers and HR representatives, that undermine her allegations. The technician failed to come forward with any evidence in response.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: March 1, 2024, Case #: 2:22cv3333, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: employment, Evidence, government
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. Cobb finds a lower court properly dismissed a native of China's motion to remain in the U.K. The Chinese national argued that he is entitled to judicial review based on his Tier 2 skilled worker, a financial analyst. However, the home department sufficiently showed in court that he may have engaged in money laundering. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Cobb, Filed On: February 7, 2024, Case #: CA-2022-156, Categories: employment, government, Immigration
J. Herndon finds the district court improperly denied the former mayor's anti-SLAPP special motion to dismiss a former city manager's tortious interference with employment and civil conspiracy claims arising from her alleged wrongful termination. The district court considered only communications made by the mayor in a public forum, according to the relevant statute, without considering whether another section of the statute applied. Private conversations about an issue of public concern may be protected by anti-SLAPP statutes, and the court did not consider whether certain communications at issue were made in good faith. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 6, 2024, Case #: 84442, Categories: Anti-slapp, employment, government
J. Rush finds that the trial court properly held that a conservation officer with the department of natural resources had not acted criminally by charging a driver for hitting and killing the officer's family dog with her car, and thus that the state was properly required to indemnify the officer for acting in the course of his employment. The driver initially stopped after hitting the officer's dog but subsequently drove the last mile to her boyfriend's house so he could accompany her to the scene of the accident. The state contends the officer lied to law enforcement by contending the driver had not returned until the next day, but "the complaint was admitted for a limited purpose," which prevented the court from considering allegations in the complaint as proof that the officer lied. Affirmed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: February 5, 2024, Case #: 24S-MI-46, Categories: employment, government, Indemnification