129 results for 'cat:"Civil Procedure" AND cat:"Employment Discrimination"'.
Per curiam, the appellate division finds that the lower court properly dismissed a fired employee's civil rights suit as untimely. The employee's suit was based on claims she already asserted in federal court. While the state law claim dismissal was not on the merits, the employee failed to commence this action within the six month statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 19, 2023, Case #: 06483, Categories: civil Procedure, employment Discrimination
J. Nagala grants, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claims are in no way related to the charges raised in her administrative complaint with the Connecticut Commission on Human Rights and Opportunities and, therefore, must be dismissed for a failure to exhaust administrative remedies. Furthermore, the employer's decision to send the employee home on a day where she experienced extreme morning sickness and her ultimate termination for "a lot of medical issues" cannot be used as the basis for an emotional distress claim.
Court: USDC Connecticut, Judge: Nagala, Filed On: December 7, 2023, Case #: 3:23cv684, NOS: Employment - Civil Rights, Categories: civil Procedure, Emotional Distress, employment Discrimination
Per curiam, the circuit finds that the district court improperly dismissed pro se discrimination claims brought after an employer failed to approve medical and religious exemptions to vaccination requirements. Dismissing the action for failure to prosecute was premature because the employee may not have understood that responsibility for service had been shifted to her when marshals could not initially accomplish such.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 23-463-cv, Categories: civil Procedure, employment Discrimination
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J. Helmick grants the university's motion to dismiss, ruling the black employee's failure to file her administrative complaint with the EEOC within 300 days of her termination rendered that filing untimely and, therefore, she failed to properly exhaust her administrative remedies before she filed this federal lawsuit.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: November 21, 2023, Case #: 3:23cv1022, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Elgo finds the lower court properly granted the employer's motion to dismiss the former employee's discrimination complaint as untimely. She failed to file the lawsuit until six months after the Commission on Human Rights and Opportunities relinquished jurisdiction of the case, well past the 90-day limit imposed by state law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 17, 2023, Case #: AC45220, Categories: civil Procedure, employment Discrimination
J. Vance denies a request by a mental health clinic to dismiss for lack of jurisdiction the disability discrimination claim of a paraplegic social worker, who alleges the clinic withdrew a job offer after learning she used a wheelchair for mobility and provides services to clients from the back of her handicap van, which is driven by her personal nurse. Each of the clinic’s objections are non-jurisdictional and, therefore, not properly asserted. As the employer’s objections relate to the substantive adequacy of the litigant’s Americans with Disabilities Act claim, its objections must be raised in a separate request challenging the merits of her claim.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 13, 2023, Case #: 2:23-cv-02129, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Williams grants the employer's motion to dismiss, ruling the black bus driver's Americans with Disabilities Act claims against supervisors and coworkers must be dismissed. The ADA does not allow for claims against individuals, while her failure to exhaust any administrative remedies prior to filing her race and sex discrimination claims bars those portions of her lawsuit.
Court: USDC Connecticut, Judge: Williams, Filed On: November 8, 2023, Case #: 3:22cv90, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Palafox finds a lower court erred in granting no-answer default judgment to a man who had sued his former employer, a car dealership, for alleged employment discrimination and other claims. While a process server for the man was unable to serve the car dealership’s registered agent, he instead served another person, but it is not clear the server exercised “reasonable diligence to effect personal service,” nor did he provide adequate information connecting the served defendant to the car dealership. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 16, 2023, Case #: 08-22-00187-CV, Categories: civil Procedure, Due Process, employment Discrimination
J. Fleming grants the postmaster general's motion to dismiss, ruling the race discrimination and retaliation claims filed by the employee were fully litigated in his first lawsuit prior to its dismissal and, therefore, are barred by res judicata.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 1:21cv2144, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Zainey refuses to dismiss a federal disability discrimination complaint by a former administrative assistant. She says she was unjustly fired after the Church administrator refused to allow her to work from home following hurricane damage to ministry offices. The post-storm growth of mold, mildew and fungi allegedly triggered her disability, an allergy to the Alternaria fungus, which causes her to experience severe asthma attacks and loss of lung function. The ministry’s arguments that its former employee “sat on her rights” or that she engaged in litigation “gamesmanship that should not be rewarded are simply not persuasive.”
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: September 15, 2023, Case #: 2:23cv2376, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Due Process, employment Discrimination
Per curiam, the circuit finds that the district court improperly dismissed a tenured associate professor's pro se claims of pay disparity based on age and sex because she presented evidence that she received different pay than tenured male professors for the same work. On remand, the court should weigh whether actions the school committed outside the relevant statute of limitations constituted adverse employment actions.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 5, 2023, Case #: 22-887-cv, Categories: civil Procedure, employment Discrimination