115 results for 'cat:"Civil Rights" AND cat:"Employment Retaliation"'.
J. Mannion grants summary judgment to a township and two of its town supervisors, who were sued by the police chief and two officers over a dispute considering traffic enforcement. The police said one supervisor, who rebuked them for not ticketing more tractor-trailers on the highway, overstepped his authority and attempted to order them around in retaliation for exercising their First Amendment rights to the irate supervisor. The police failed to show actionable retaliatory conduct, as the town board member’s comments amounted to immature criticism and mere rudeness, and he had no authority to compel the officers to act.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: March 1, 2024, Case #: 3:19-2115, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Retaliation, First Amendment
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J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker’s dorm and was shown a 15-second video of “a man’s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, employment Retaliation
J. Wood finds that the lower court improperly found for the employer in a suit accusing the hospital of violating an employee's rights under the Family and Medical Leave Act. The employer granted the employee an approved absence for 20% of full-time work, but insisted she still complete 100% of the workload, and fired her when she did not meet those expectations. A reasonable jury could find that the Act requires the employer to adjust its performance expectations to reflect the employee's reduced hours while she was on FMLA leave. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: February 28, 2024, Case #: 23-1541, Categories: civil Rights, Health Care, employment Retaliation
J. Agee upholds the lower court decision to grant summary judgment to South Carolina’s probation agency on a former employee’s gender discrimination and retaliation claims. She was fired once and rehired after the EEOC agreed that she had been passed over for a job because the agency wanted a man. This time around, she resigned after she failed a polygraph test during an investigation of her for having sex with a subordinate before removing the subordinate from her team. She could not show how the investigation she faced was retaliation for protected activity. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: February 27, 2024, Case #: 21-2275, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Surrick denies in part the Philadelphia Housing Authority’s motion to dismiss a gay network technician’s adverse employment suit alleging discrimination based on his sexuality and anxiety diagnosis. The technician has alleged that he was fired about two weeks after he filed a formal complaint of sex, sexual orientation and disability discrimination, from which the court can infer causation.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: February 15, 2024, Case #: 2:23cv460, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation, Labor
J. Bemporad grants an IT company summary judgment on a retaliation claim after it was sued by a former employee who argued she was fired because she is a Black woman. The company’s stated reason for the firing was that the former employee was not meeting performance expectations for a software test, and while the firing came just days after the employee complained of discrimination, she has not provided evidence that the stated reason for termination was pretextual.
Court: USDC Western District of Texas , Judge: Bemporad, Filed On: January 26, 2024, Case #: 5:22cv796, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Retaliation
J. Borden grants summary judgment in favor of Mercedes-Benz in this employment dispute brought by a former employee who is a Black female alleging discrimination and retaliation due to her age, race and gender. The former employee did not address the age discrimination in Mercedes-Benz summary judgment motion, the court deems this to be abandoned. The opposition brief shows the stated reason for termination with no circumstantial evidence of race and gender discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: January 22, 2024, Case #: 7:21cv1618, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Suddaby preserves the bulk of an employment discrimination and retaliation complaint brought by a Black female director who sued Excellus BlueCross BlueShield on allegations that it treated her unfavorably because of her race and gender and subsequently fired her in retaliation for her complaints regarding the treatment. The court finds she plausibly alleges that her predecessor, a white man, was treated more favorably than her even though certain decisions he made allegedly cost the company millions of dollars. As well, her allegations that she was fired only a month after she expressed complaints she was being treated differently on the basis of her race, such as being excluded from important meetings and email chains, sufficiently buoys her claim for retaliation.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 17, 2024, Case #: 5:22cv1050, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Retaliation
J. Groh grants the town and its mayor's motion to dismiss the former police chief's retaliatory discharge suit claiming the mayor terminated his employment after he discovered that town officials and employees were abusing their authority. The mayor is entitled to qualified immunity since the former chief cannot cite any factual basis for the mayor's alleged abuse of power or how it violated clearly established law. Also, the former chief's Monell claim against the town fails since he did not provide any factual details on any policy the mayor or other city officials may have violated and the harm they caused.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: January 16, 2024, Case #: 3:22cv145, NOS: Employment - Civil Rights, Categories: civil Rights, Government, employment Retaliation
J. Urbanski denies the jail's motion to dismiss a sex discrimination claim. The correctional officer sufficiently pled that despite her receiving a reprimand for her part, her male counterparts were not disciplined for a verbal confrontation, that she made lower pay than seven of her male coworkers and was fired for fewer reasons than males.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 8, 2024, Case #: 5:22cv57, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Ross, ruling on summary judgment, preserves a female office assistant’s employment retaliation claim that alleges the commissioner for town of Hempstead’s general services department transferred her to a different, less desirable department after she reported him for sexual harassment. Disputes remain as to whether the transfer constituted an adverse employment action and whether or not her decision to accept the transfer was voluntary. The court, however, finds in favor of the department on her quid pro quo sexual harassment claim that claims the commissioner acted to prevent her promotion after she rejected his dinner invitation, finding the commissioner had no authority to approve or deny a promotion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 8, 2024, Case #: 2:21cv964, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Retaliation
J. Grasz finds a lower court improperly dismissed a former director's retaliation claims against her employer. The employer argued that the former director was properly rated as "not on track" and was offered a demotion and a performance improvement plan. However, the former director presented sufficient evidence in court that her employer abruptly rescinded on the PIP offer within 48 hours. Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 22-2452, Categories: civil Rights, Employment, employment Retaliation
J. Bissoon dismisses constructive discharge and hostile work claims against the school district. The wife of her now-deceased husband failed to prove her husband, who had Crohn’s disease, was discriminated against to the point he had to resign because he continued working there until his death. Details supporting the claim of hostile work were insufficient, so the court will allow the wife to submit an amended claim.
Court: USDC Western District of Pennsylvania, Judge: Bissoon, Filed On: December 21, 2023, Case #: 2:23cv33, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Bisson grants Waste Management’s partial motion to dismiss a former employee’s age discrimination, retaliation and harassment claims brought after he was fired for violating a company rule. The former employee’s claims fail because the cited laws apply to race, not age discrimination. The company is further ordered to file an answer to the surviving portions of the complaint.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1876, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Bisson grants the Extra Mile Education Foundation’s motion to dismiss, without prejudice, discrimination claims for firing a school counselor with an amputated leg. The counselor failed to provide evidence sufficient to show that Extra Mile was a joint employer with Crossroads Foundation, which allegedly failed to accommodate her disability. Her remaining claim will proceed against the Crossroads Foundation.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1864, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, employment Retaliation
J. Richardson dismisses the former employee's complaint against his former employer alleging retaliatory discharge under the Tennessee Public Protection Act and religious discrimination under Title VII, as well as other counts, based on his alleged termination during the Covid-19 pandemic in 2020. The court concludes that the employee's amended complaint fails to meet certain pleading standards.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 13, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, employment Retaliation