102 results for 'cat:"Covid-19" AND cat:"Employment Discrimination"'.
J. Lioi grants the employer's motion to dismiss, ruling the blanket assertions about bodily autonomy made by the employee are insufficient to support claims for religious discrimination or failure to accommodate, especially considering she failed to make any specific religious objections to the employer's Covid-19 vaccine mandate, either in her exemption forms or the complaint.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 24, 2023, Case #: 5:23cv905, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination
J. Steger grants the defendant company's motion for summary judgment in this lawsuit asserting claims under the Age Discrimination in Employment Act and the Family Medical Leave Act. The company temporarily eliminated certain manufacturing jobs during the Covid-19 pandemic, and the two former employees allege that they were not allowed to return to work due to age discrimination. However, the company has provided a legitimate, nondiscriminatory reason for not recalling either employee.
Court: USDC Eastern District of Tennessee , Judge: Steger, Filed On: October 18, 2023, Case #: 1:22cv75, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination
J. Hoffman finds that the lower court properly dismissed an employee's discrimination suit against the hospital based on its rejection of her request for a religious exemption to the employer's policy requiring prove of a Covid-19 vaccination. The Illinois Health Care Right of Conscience Act protects employers from discrimination claims for policies intended to prevent contraction or transmission of Covid. It does not matter if the vaccine actually works to protect recipients, just that it is intended to provide protection against the virus's transmission. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 12, 2023, Case #: 230740, Categories: Health Care, covid-19, employment Discrimination
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J. Schiltz largely grants the employer's motions to dismiss its employees' suits alleging that their terminations for refusal to be vaccinated for Covid-19 were discriminatory. The employees' religious discrimination claims survive, since the employer has not adequately shown that it would have suffered an "undue hardship" by keeping unvaccinated employees on staff and the employees have pleaded a failure to provide reasonable accommodations. One employee has not, however, exhausted her administrative remedies for her disability discrimination claims, and the employees' arguments that a vaccination requirement is an unlawful medical examination under the Americans with Disabilities Act fail. Failure-to-accommodate claims under the ADA survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: September 29, 2023, Case #: 0:22cv1923, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination
J. Saylor partially denies a hospital’s motion for summary judgment against 160 employees suing it after it denied their applications for medical or religious exemptions to the Covid-19 vaccine. The hospital could have chosen not to accept any religious or medical exemptions based on undue hardship, but because it approved 234 exemptions, each employee making a claim based on having been rejected for the exemption has to be reviewed on an individual basis, and the number of exemptions that it takes to create an undue hardship is a matter of dispute. However, summary judgment can be granted in specific cases where an employee failed to provide proof of a medical condition.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 28, 2023, Case #: 1:21cv11686, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, covid-19, employment Discrimination
J. Simon declines to dismiss the registered nurse's religious discrimination claim as part of her complaint alleging that the university denied her a religious exemption for the Covid-19 vaccine, eventually resulting in her termination. The university's arguments against the registered nurse's undue hardship claim must wait for summary judgment, because it is an affirmative defense that has yet to be proven or disproven.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:23cv77, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination
J. Simon dismisses the healthcare professionals' hostile work environment and wrongful termination claims alleging that the multispecialty group practice and others wrongfully denied them reasonable accommodations and exemptions from the Covid-19 vaccine mandate. The healthcare professionals allege that the group practice's staff made negative comments about the professionals' unvaccinated status, but an unvaccinated status may be a secular choice and the healthcare professionals do not sufficiently prove that it is a distinctly religious one.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv986, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination
J. Simon dismisses the former employee's religious discrimination claim from her complaint alleging that the university denied her a religious exemption from the Covid-19 vaccine, leading to her termination. The former employee does not provide authority to support her argument that the university's process to evaluate religious exemptions is discriminatory or that it is intended to convince employees that their religious beliefs are insincere.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv1250, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination
J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: Constitution, covid-19, employment Discrimination
J. Meyers grants a biopharmaceutical firm's motion to dismiss religious discrimination and retaliation allegations brought by a former employee after it fired her for refusing to be vaccinated for COVID-19. The firm gave notice to all employees that they needed to be vaccinated unless claiming a religious or medical exemption. After an interview, the firm determined its own undue hardship was greater than hers should she choose not to be vaccinated. Also, the employee filed an EEOC claim but it had no mention of retaliation. Thus, the firm fired her because she had not complied with its policy, not because she put in a request for an exemption.
Court: USDC Middle District of North Carolina, Judge: Myers, Filed On: September 13, 2023, Case #: 5:22cv412, NOS: Other Civil Rights - Civil Rights, Categories: covid-19, employment Discrimination, Employment Retaliation
J. Brennan grants the bank's motion for summary judgment, ruling it had a legitimate reason to fire the female branch manager as part of a reduction in force during the Covid-19 pandemic because she failed to meet sales goals and was in her probationary period. None of the male managers cited performed as poorly as the fired employee; therefore, there is insufficient evidence to support her discrimination claims.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 11, 2023, Case #: 1:21cv1436, NOS: Employment - Civil Rights, Categories: Evidence, covid-19, employment Discrimination
J. Nagala grants the employer's motion to dismiss, ruling the employees fired for their refusal to receive a Covid-19 vaccination have abandoned all but their emotional distress claims, which must also be dismissed for the lack of evidence of outrageous conduct.
Court: USDC Connecticut, Judge: Nagala, Filed On: September 11, 2023, Case #: 3:23cv253, NOS: Employment - Civil Rights, Categories: Emotional Distress, covid-19, employment Discrimination
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, covid-19, employment Discrimination
J. Russell partially denies a retirement home’s motion to dismiss allegations of ADA violations and wrongful termination brought by a registered nurse who could not safely receive any Covid-19 vaccines. The nurse’s doctor, knowing she had had life-threatening anaphylaxis after receiving an H1N1 vaccine in the past, advised against vaccination during the pandemic. The nurse put the home on notice, but it did not accommodate her, arguing the nurse failed to demonstrate a limitation. The home is wrong because the nurse noted severe allergies and asthma. However, seeing as the Covid-19 vaccine was mandated when working with residents and the home did offer the nurse other positions, the wrongful termination claim is dismissed.
Court: USDC Maryland, Judge: Russell, Filed On: September 5, 2023, Case #: 1:23cv127, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, covid-19, employment Discrimination
J. Immergut denies the university's motion to dismiss the registered nurse's Title VII claim in her lawsuit alleging that the university denied her a religious exemption from the Covid-19 vaccine mandate, which led to her termination from the hospital's mother and baby unit. The hospital does not sufficiently argue how allowing the registered nurse a religious exemption would have created an undue hardship for the hospital, as the registered nurse counters that the hospital could have taken measures to prevent her from contracting or spreading Covid-19, and that reducing the number of available staff is what caused undue hardship.
Court: USDC Oregon, Judge: Immergut, Filed On: August 28, 2023, Case #: 3:22cv1942, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination
J. Hill finds that the trial court properly dismissed a teacher's Confidentiality of Medical Information Act complaint over her refusal to provide her school district with verification of her Covid-19 vaccination status or undergo weekly testing. The state's Covid-19 public health order required full compliance by schools and met the necessity exception to the Act's confidentiality provisions. Affirmed.
Court: California Courts Of Appeal, Judge: Hill, Filed On: August 25, 2023, Case #: F085416, Categories: covid-19, employment Discrimination