129 results for 'cat:"Civil Procedure" AND cat:"Employment Discrimination"'.
J. Deavers denies the employer's motion to dismiss, ruling that while the bankruptcy trustee of the Japanese employee is the actual party-in-interest for any discrimination claims, dismissal would be an extreme remedy. The trustee is likely unaware of the suit and, therefore, the trustee will be notified of this action and given 30 days to pursue joinder or substitution.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: February 28, 2024, Case #: 2:22cv290, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
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J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: civil Procedure, employment Discrimination
J. Knapp grants the employer's motion for summary judgment, ruling any of the female employee's claims of gender-based retaliation or harassment that occurred before November 9, 2019 are time-barred based on the filing date of her EEOC complaint. Additionally, although the employee undoubtedly engaged in protected activity when she reported alleged discrimination and filed the EEOC complaint, her failure to comply with an expectations sheet implemented after previous disciplinary issues gave the employer a legitimate reason to fire her.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: February 9, 2024, Case #: 5:21cv1573, NOS: Employment - Civil Rights, Categories: civil Procedure, Evidence, employment Discrimination
J. Pedersen grants a school district's motion to set aside default judgment entered in pro se claims contending a part-time cleaner had been fired due to gender, disability, and national origin because the school district did not immediately answer the complaint due to confusion with its insurer, and the cleaner failed to establish the lack of response had been intentional.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: February 7, 2024, Case #: 6:23cv6583, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, employment Discrimination
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination
J. Self denies the Secretary of the Air Force's motion to dismiss the employee's race and age discrimination action. The employee properly served the attorney general by putting copies of the summons and complaint in the mail four days before the deadline. The employee is therefore entitled to reasonable time to cure his failure to serve the local U.S. attorney. Although the employee mailed documents to the Secretary at an incorrect address, the error was not unreasonable and the employee mailed new copies to the Secretary's preferred address two weeks after being alerted of the mistake.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 25, 2024, Case #: 5:23cv210, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Elgo finds the lower court properly granted the employer's motion for summary judgment on pregnancy discrimination claims. Not only was the employee's lawsuit filed outside the 180-day statute of limitations, but she also failed to provide evidence of an adverse employment action, given that no administrative position were available when she returned from maternity leave and she failed to apply for any other similar positions with other companies. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: January 19, 2024, Case #: AC46206, Categories: civil Procedure, employment Discrimination
J. Torres denies a former Customs and Border Patrol employee’s motion for appointment of counsel after she sued the agency on her own behalf for discrimination. Not only is the employee unlikely to succeed in her case, but she has demonstrated “sufficient financial resources to continue her search for counsel,” including because she has savings and paid an initial filing fee.
Court: USDC Western District of Texas , Judge: Torres, Filed On: January 3, 2024, Case #: 3:22cv139, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, employment Discrimination