491 results for 'cat:"Civil Rights" AND cat:"Employment"'.
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
J. Estudillo amends the employee's judgment to $5,400 in economic damages for her complaint alleging that the supervisor and the city did not prove her promotional opportunities and fired her because of her gender. The supervisor and the city agree with the employee's contention that the parties stipulated to economic damages if the jury found liability for the retaliation claim, which they did.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 23, 2024, Case #: 3:19cv5002, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Damages
J. Woods grants the employer's motion for summary judgment in an employment discrimination suit. The employee does not present sufficient evidence to support a claim she was fired for being a Black, female, Seventh-Day Adventist. Further, the negative comments she heard from supervisors were not connected to the employee's religion, race, or sex and were not objectively severe enough to support a hostile work environment claim.
Court: USDC Southern District of New York, Judge: Woods, Filed On: April 23, 2024, Case #: 1:22cv9554, NOS: Employment - Civil Rights, Categories: civil Rights, employment
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J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment
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. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: Civil Procedure, civil Rights, employment
J. Kagan finds that the circuit improperly dismissed workplace gender discrimination claims a police officer brought against the city because the court applied the wrong standard in requiring the officer to prove that being transferred to the intelligence division constituted a significant employment disadvantage, as that the transfer left her worse off was sufficient. She was transferred from a prestigious job working with police commanders to a primarily administrative job overseeing a single district's patrol officers; she often had to work weekends to make up for the new, less regular schedule; and her take-home car was taken away.
Court: US Supreme Court, Judge: Kagan, Filed On: April 17, 2024, Case #: 22-193 , Categories: civil Rights, employment Discrimination
J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Due Process
J. Carson finds that the lower court properly denied summary judgment to a county clerk in a civil rights dispute with her deputy. The clerk demanded that the deputy offer her full support to the clerk's next reelection campaign, and when the deputy declined, she was fired. Summary judgment was properly denied to the county clerk on the basis that it is clear under the law that a public official cannot "condition a subordinate’s employment" on any political basis. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: April 15, 2024, Case #: 22-7061, Categories: civil Rights, employment
J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Orrick allows some negligence claims to survive against San Francisco from an engineer with the city's utilities commission who was attacked by a trio of knife-wielding men when he was within minutes of his job site. He returned to work after the incident, but while working on the job site, was still being subjected to racial slurs and threats from at least one of his attackers. The engineer says he filed complaints with the city and his bosses in an effort to increase security and make accommodations for him, but the city would go on to "medically separate" him. There is conflicting evidence on the record as to whether this was a factor for the engineer later not returning to work or if it was purely out of safety concerns, and the record needs to be expanded further to help resolve some of those questions.
Court: USDC Northern District of California, Judge: Orrick, Filed On: April 11, 2024, Case #: 3:22cv3174, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment
J. McGlynn rules a former Walmart employee may pursue race discrimination against the superstore. The employee sufficiently alleged that she was terminated because she is Black, due to her supervisor's racist views, and not for disciplinary issues.
Court: USDC Southern District of Illinois, Judge: McGlynn, Filed On: April 11, 2024, Case #: 3:23cv1926, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, employment, employment Discrimination
J. Arterburn finds the district court properly denied the union’s motion for declaratory judgment and its application to vacate an arbitration award resulting from the labor dispute. The dispute arose from certain positions being reclassified, resulting in the employees being required to work holidays they previously had off. The arbitrator found the human services agency could change the holiday schedule if it negotiated with the union in compliance with the labor agreement. The arbitrator did not award the union's request to return to the previous holiday schedule but did specify steps to be taken before implementing the change. This is a final ruling, and the union’s assertion that the arbitrator failed to rule is without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-603, Categories: civil Rights, employment, Labor / Unions
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, employment Discrimination
J. Boyle grants 21 organizations’ motions to dismiss allegations of gender, age, national origin and disability discrimination brought by an accountant who was not hired by any of them. In this pro se action, the accountant fails to state anything more specific than the facts that he applied to the positions and was not accepted to them. This is not sufficient to state a discrimination claim in any instance.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 29, 2024, Case #: 5:23cv38, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment, employment Discrimination