495 results for 'cat:"Civil Rights" AND cat:"Employment"'.
J. Treadwell denies the employee's motion for reconsideration of an earlier order partially granting the employer's motions to dismiss a civil rights and race discrimination action arising from the employer's alleged failure to reclassify the employee, an appraiser, to a higher position. The employee failed to follow the court's instructions in amending her complaint, therefore her allegations with regard to liability for pay discrimination based on events that happened years before she filed her charge of discrimination with the EEOC were properly struck from the second amended complaint.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 30, 2023, Case #: 5:21cv239, NOS: Employment - Civil Rights, Categories: Civil Procedure, civil Rights, employment Discrimination
J. Anderson denies the defendant college's motion to dismiss this Title VII discrimination lawsuit for lack of subject matter jurisdiction. In its reply, the college challenges the complaint as to "the exhaustion of Plaintiff's discrimination claims before the EEOC." However, this is not a jurisdictional argument. Also, the court will allow the individual plaintiff an extension of time for service.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 26, 2023, Case #: 1:22cv2537, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Baker denies the board’s motion for summary judgment in a civil rights and retaliation action brought by the police captain alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The captain sufficiently shows that he was engaged in protected activity when he actively opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv148, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation
J. Baker denies the board's motion for summary judgment in a civil rights and retaliation action brought by the police lieutenant alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The lieutenant sufficiently shows that he was engaged in protected activity when he opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv147, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation
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J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Preemption
J. McShane dismisses the former manufacturing technician's claims that the manufacturing company wrongfully fired her because it did not want to provide accommodations for her cataract and dry eye condition. Most of the former technician's claims prior to Apr. 25, 2018, are time-barred. As for the remaining disparate treatment claims, she does not present evidence that the manufacturing company reduced her pay and benefits or that it significantly changed her duties, and it had a reasonable cause to dismiss her due to her disrespect toward co-workers.
Court: USDC Oregon, Judge: McShane, Filed On: May 25, 2023, Case #: 6:20cv1201, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Traum denies a grocery store’s motion for summary judgment as to the employee’s negligent retention and sexual harassment claims arising from another employee’s harassing behavior. The employee made several complaints that were not followed up on, and the manager eventually told the other employee about who was making the complaint, violating the policy of anonymity. The employee has presented genuine disputes of material fact as to both her negligent retention and sexual harassment claims, as the harassment occurred frequently enough to be considered pervasive. As she has conceded her retaliation claim, summary judgment is granted the grocery on this claim only.
Court: USDC Nevada, Judge: Traum, Filed On: May 24, 2023, Case #: 2:21cv2066, NOS: Other Labor Litigation - Labor, Categories: civil Rights, employment Retaliation
J. Loken finds a lower court properly dismissed a physician's civil rights claims against a board of medicine. The physician argued that he is entitled to declaratory judgment and injunctive relief to halt continuing physician disciplinary proceedings on charges that he accessed patient records during his residency at a hospital, and that the proceedings violate HIPAA and due process. However, the physician failed to exhaust State remedies. Affirmed in part.
Court: 8th Circuit, Judge: Loken, Filed On: May 22, 2023, Case #: 22-2442, Categories: civil Rights, employment, Health Care
J. Liu, upon review, finds the court of appeal improperly affirmed the trial court’s finding that the former employee is not subject to protection for complaining about unpaid wages. A protected disclosure under the relevant labor code encompasses reports of violations made to an agency even if the recipient already knows of the violation. Remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 22, 2023, Case #: S269456, Categories: civil Rights, Agency, employment Retaliation
J. Gordon grants the customer support company’s motion for summary judgment in this class action alleging that employees were not paid for time spent booting up their computers before clocking in or for time spent powering down the computers after clocking out. The employees have not raised a triable issue as to whether the time at question was not trivial, or that it was not adjusted if found to be significant. The employees have not offered evidence sufficient to determine uncompensated time as a matter of just and reasonable inference.
Court: USDC Nevada, Judge: Gordon, Filed On: May 22, 2023, Case #: 2:18cv233, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, employment, Evidence
J. Peterson finds largely in favor of the cheese company in a former employee's lawsuit claiming he was fired under false pretenses for complaining about harassment and discrimination he faced over his age, sex and disabling heart conditions, which he also contends the company failed to adequately accommodate. The employee's failure-to-accommodate claim under the Americans with Disabilities Act will proceed because he's brought enough to evidence to argue the company failed to reasonably address how the sometimes extreme heat in the company's facility exacerbated his heart condition, once made him faint at work and went against his doctor's recommendation that he not work in temperatures above 100 degrees. The company's motion for summary judgment is granted on the employee's remaining wrongful termination, hostile workplace and retaliation claims, in part because the company had valid reasons to fire him for violating a safety protocol and getting into a physical confrontation with a coworker.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 19, 2023, Case #: 3:21cv429, NOS: Employment - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, employment
J. Milazzo denies a request by a pest control company to dismiss a religious discrimination suit by an employee fired for refusing to get a mandated Covid-19 vaccination. The former employee alleges he was terminated in August 2021 because he told his employer that his Catholic faith prevented him from being injected with the vaccine derived from aborted fetal cell lines. In response, a manager allegedly stated, “The Pope wants you to take it.” Terminix denies the allegation. The company unsuccessfully argued the ex-employee makes no factual connection between his “sincerely held belief and his termination.” The terminated exterminator has established a claim for religious discrimination.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 19, 2023, Case #: 2:22cv3701, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation