93 results for 'cat:"Employment" AND cat:"Government"'.
J. Alston grants the government's motion to dismiss. The government employee tried for the third time, after being dismissed in two identical cases, to sue the government for mandating all federal employees become fully vaccinated against COVID-19, but his claims are barred by res judicata.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: February 1, 2024, Case #: 1:23cv671, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Covid-19, employment Discrimination
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Bryan dismisses the employees' federal claims accusing the healthcare company of voluntarily agreeing to participate in the Center for Disease Control and Prevention’s Covid-19 vaccination program and then wrongfully firing the employees if they refused to take the Covid-19 vaccine. The employees do not show that the healthcare company's policy enforcement was a public function, as it was not "both traditionally and exclusively governmental," that it constituted a joint action, that it was the result of governmental coercion or that it violated the employees' constitutional rights.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 23, 2024, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: employment, government, Covid-19
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
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J. Calabrese grants the employer's motion for summary judgment, ruling the employee's First Amendment retaliation claims fail as a matter of law. Although the gender pay disparity issue involved a matter of public concern, she failed to raise it before the board of commissioners until a hearing when she expressed other frustrations with her supervisor that involved issues related only to their work relationship, a hearing that took place more than five months after the pay gap issue arose.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: January 16, 2024, Case #: 1:18cv522, NOS: Employment - Civil Rights, Categories: government, employment Retaliation, First Amendment
J. Motz finds the lower court properly dismissed the town attorney's discrimination and interference claims. The attorney claims the town's elected officials during the Donald Trump presidency fostered a toxic environment in the town hall that worsened his anxiety, depression and high blood pressure. The attorney sent the mayor and his immediate supervisor a letter listing requested policy changes aimed at creating a healthier workplace but did not mention his health concerns. Merely labeling a list of suggestions an “accommodation request” is not enough to inform the employer that the employee is requesting workplace changes to address his disabilities, rather than other, unrelated issues. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: January 2, 2024, Case #: 21-2261, Categories: Ada / Rehabilitation Act, employment, government
Per curiam, the Guam Supreme Court finds the lower court properly dismissed class action claims brought by government employees suing Guam for denied pandemic double pay. The employees did not exhaust their administrative remedies before brining their claims and sovereign immunity bars many of their claims. Affirmed.
Court: Guam Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: CVA23-2, Categories: employment, government, Immunity
J. Huffman finds the trial court properly granted the Ohio Secretary of State's motion to dismiss an employment-related action. Although the former board of elections employee's lawsuit deals with other members' failure to adhere to election procedures, it is essentially a wrongful termination suit in which the secretary has no interest. However, the lower court improperly dismissed the action against the county. The county's failure to include the argument the employee stated a claim on which no relief could be granted in their first dismissal motion prevented it from filing a second, successive motion following the transfer from Franklin County to Champaign County. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: December 22, 2023, Case #: 2023-Ohio-4688, Categories: Elections, employment, government
[Consolidated.] J. Wecht finds that the lower court improperly determined that a classified corrections officer was entitled to preference for a promotion he was passed over for in favor of a non-classified employee under Pennsylvania. The ascension of the unclassified employee to a classified service position with higher pay with the same public employer is did not constitute a “promotion,” the scenario where preference would be relevant; it constitutes an appointment because it is based on merit. Reversed in part.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: December 19, 2023, Case #: J-26A-2023, Categories: Civil Procedure, employment, government
J. Sharpe denies motions for summary judgment a female special prosecutor and inspector general’s two remaining employment retaliation claims against her employer, the New York agency that advocates for people with special needs. The court finds there are triable issues as to whether her complaint regarding a sexual relationship between her supervisor and one of his subordinates was alleging quid pro quo sexual harassment and whether or not the retaliation she suffered, including being excluded from meetings, constituted adverse employment actions.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: December 18, 2023, Case #: 1:19cv1446, NOS: Employment - Civil Rights, Categories: government, employment Retaliation
J. Vasquez finds a lower court improperly denied a former Arizona Air National Guard agent's motion for summary judgment concerning claims that he failed to comply with a clearance order. The State argued that the former agent, who was indicted on criminal charges of improperly submitting work related travel expenses, was not entitled to a Freedom of Information Act request concerning his clearance status. However, the former agent sufficiently showed in court that in order to move ahead, both parties have to show whether or not that AZANG is an actual law enforcement agency. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 15, 2023, Case #: 2 CA-SA 2023-69, Categories: employment, government, Jurisdiction
J. Alvord finds the lower court properly granted the city's motion for summary judgment because the 3-year age difference between the detective and the officer promoted to sergeant was insufficient on its own to establish a prima facie case of age discrimination. Additionally, the detective's list of individuals under the age of 40 promoted to sergeant since 2008 failed to prove the city had a policy of promoting only younger officers because it did not specify whether there were any applicants over the age of 40. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 15, 2023, Case #: AC45866, Categories: Evidence, government, employment Discrimination
J. Chun grants the employee summary judgment for his claim that signing a letter on Aug. 9, 2019, with 20 other employees about the U.S. Environmental Protection Agency's handling of sexual harassment allegations and complaining to the Equal Employment Officer are protected activities. There is precedent for protecting an employee's right to complain about the discriminatory treatment against others in the workplace even if the complainant is not part of the same protected class as the afflicted party.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 15, 2023, Case #: 2:22cv45, NOS: Employment - Civil Rights, Categories: employment, government, employment Discrimination
J. Groh grants the Secretary of Veterans Affairs' motion to dismiss the former nursing assistant's suit claiming her termination from the Martinsburg Veterans Affairs Medical Center was racially motivated. The allegations raised in the current suit - filed more than four years after receiving her "right-to-sue" letter from the U.S. Equal Employment Opportunity Commission - are no different from the ones raised in her two prior complaints that were dismissed for her failure to allege sufficient facts to back-up her claims.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: December 12, 2023, Case #: 3:22cv154, NOS: Employment - Civil Rights, Categories: government, Health Care, employment Discrimination
J. Guidry denies a request by the Louisiana State Police to dismiss Title VII racial discrimination claims by a white former lieutenant who alleges two less qualified, non-white lieutenants were promoted ahead of him to captain in the department’s gaming enforcement division. The department unsuccessfully argues that although the lieutenant may have held the highest examination grade and had the most years-in-service, he was not necessarily more qualified because he had “no actual gaming experience.” While this may be true, and while the department may ultimately prevail, the lieutenant has set forth plausible allegations that he suffered race discrimination.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv772, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Abelson grants the postmaster general his motion to dismiss allegations of race discrimination and retaliation brought by a potential employee. The potential employee, a Black man, was terminated from the FDA and argues he was denied employment at the Postal Service due to his race and national origin. In his amended discrimination claim, he fails to add factual allegations that the postmaster took adverse action by hiring someone less qualified and based on his previous employer’s performance review; this is dismissed with prejudice. He also failed to state a claim for retaliation.
Court: USDC Maryland, Judge: Abelson, Filed On: December 8, 2023, Case #: 1:21cv2709, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Baker finds a lower court improperly denied a native of Eastern Turkey's motion to remain in the U.K. The secretary of State argued that the native of Turkey is not entitled to relief based on his "short- term student" status. However, he sufficiently showed in court that a case worker wrongfully tossed out his application, in violation of the European Economic Community, which was enacted to protect free movement of Turkish workers in the U.K. Remanded.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 23, 2023, Case #: CA-2023-72, Categories: employment, government, Immigration
J. Cogburn grants a joint motion to dismiss by both the U.S. Justice Department and a former employee after the department withheld and redacted information that the employee requested through the Freedom of Information Act. The Office of Information Policy, having received the sufficient information it needed from the employee, will open his administrative appeal of one of the department’s responses to his information requests.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv69, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: employment, government, Settlements
Per curiam, the Fifth Circuit finds the district court properly dismissed hostile work environment claims brought by the Baptist chaplain employed by the Federal Bureau of Prisons. The chaplain filed a formal complaint against the Catholic chaplain for derogatory remarks made against Protestants, alleging religious discrimination. The Complaint Adjudication Office (CAO) found that the “record support[ed] a claim of harassment based on religion” and awarded damages. The chaplain has mistaken “a suit to enforce the final administrative disposition” with a suit seeking “de novo review of the disposition.” The district court is not bound by the CAO’s finding of liability, and the chaplain has failed to present evidence supporting hostile work environment claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-11067, Categories: Evidence, government, employment Discrimination
J. Morrison denies, in part, the commission's motion to dismiss, ruling the attorney's allegations of being terminated without warning or cause shortly after she complained of sex discrimination sets forth a plausible claim for age discrimination retaliation. However, the two individual commissioners are entitled to qualified immunity on the attorney's civil rights claims because no state law required them to investigate her claims of discrimination independent of the commission as a whole.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 1, 2023, Case #: 2:23cv940, NOS: Employment - Civil Rights, Categories: government, Immunity, employment Retaliation
J. Farris finds the lower court improperly denied a city’s motion to dismiss an employee’s claims of race discrimination and hostile work environment, but properly denied dismissal for her retaliation claim. An employee filed suit claiming she was discriminated against at work based on her race and was subjected to a hostile work environment, but the evidence is insufficient to support her claims. The lower court properly dismissed the City’s motion regarding the employee's retaliation claim as the City failed to state why it should be dismissed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00676-CV, Categories: government, employment Discrimination, employment Retaliation
J. Yohalem finds the lower court properly granted the New Mexico Educational Retirement Board's motion for declaratory judgment in its challenge to the Department of Finance and Administration's rejection of salary increases for board employees that had already been approved by the board. The authority to approve pay raises for board members lies solely with the board and, therefore, the department cannot reject pay raises it deems too high. Although the department is tasked with disbursement of the salaries, that ministerial role is its only function under the legislation that established and funds the board. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: October 30, 2023, Case #: A-1-CA-40106, Categories: Education, employment, government
J. Kobayashi dismisses a complaint stemming from the denial of an individual’s unemployment assistance, finding that the civil rights claims against the state, the governor and other state officials in their official capacity are barred by the 11th Amendment. Due process claims in their individual capacity also fail as the complaint is not clear on basic facts, such as whether the employee qualifies for unemployment benefits in the first place or what the denial process looked like.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 13, 2023, Case #: 1:23cv385, NOS: Other Civil Rights - Civil Rights, Categories: employment, government, Due Process