269 results for 'nos:"Civil Rights - Habeas Corpus"'.
J. Bloom refuses to dismiss a disability discrimination claim filed by a former employee against her technical school, which allegedly gave her incorrect benefits information, and denied a request to rescind her retirement. It is undisputed that the former employee was disabled but possessed the necessary skills to perform her job with some accommodations.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 8, 2024, Case #: 1:23cv2039, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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J. Talwani denies in part an employer’s partial motion to dismiss claims brought against it by a former employee. While the employee fails to sufficiently allege that he was an employee under the terms of the Massachusetts Wage Act in August 2022, he sufficiently supports his claim related to a $100,000 non-discretionary bonus at this stage.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 29, 2024, Case #: 1:22cv12051, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Business Practices, Workers' Compensation
J. Seabright refused to completely dismiss an employment suit against the Hawaii Symphony Orchestra by its former bassist, who said his termination based on his refusal to get a Covid-19 vaccination constituted religious discrimination. The orchestra did not show how an interactive process for the bassist’s religious exemption would have caused undue hardship or that placing the musician on leave was an adverse action. Further, allowing the bassist to play while being tested and masked would have fallen under the mayor’s pandemic proclamation exception, especially since he plays an instrument that would not require removal of a mask. Part of a retaliation claim is dismissed though as the bassist does not show being placed on leave was solely due to his refusal to vaccinate.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 28, 2024, Case #: 1:23cv395, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination
J. White grants the EMT defendants' motion for summary judgment in this lawsuit arising from a driver's alleged detention and death following a traffic stop. The court finds that the EMT defendants acted reasonably when they "briefly" assisted the deputies while the driver was still "actively resisting arrest." Also, the medical negligence and wrongful death claims "cannot be pursued against individual employees of a political subdivision of the State of Oklahoma."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: March 26, 2024, Case #: 6:21cv44, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Wrongful Death
J. McAuliffe grants a government agency’s motion for summary judgment against an employee suing it for gender and age discrimination after it promoted younger, male applicants, with allegedly less experience, over her. The employee failed to initiate contact with an equal employment opportunity counselor in a timely manner and she fails to demonstrate that the agency’s claim, that the younger candidates had more of the types of experiences they were looking for, is a pretext for discrimination.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: March 26, 2024, Case #: 1:20cv514, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Norton finds in favor of the school board in this employment dispute alleging race and gender discrimination. Although the teacher claims that students called her derogatory names, swore at her and made sexual comments in her presence, there is no evidence that the teacher reported that these incidents made her feel like she was being discriminated against. She does not claim that a district employee ever harassed her.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 18, 2024, Case #: 2:21cv1472, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Velez-Rive denies in part the Municipality of Aguadilla mayor's motion to dismiss a complaint brought by an employee who claims her position was transferred due to her political affiliations. The employee has sufficiently pleaded her claims of political discrimination based on allegations that the mayor identified her as a member of the opposing political party and then transferred her to a place where she had explicitly told him she would be unable to work.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: March 18, 2024, Case #: 3:23cv1501, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation