1,131 results for 'cat:"Employment" AND cat:"Employment Retaliation"'.
J. Kirsch finds that the lower court properly found for the city on a female employee's gender discrimination claims. The employee does not identify adequate male comparators to support her equal pay and sex discrimination allegations, nor does she show that she engaged in protective activity to support a retaliation claim. Rather, the city presents a reasonable explanation for believing her performance inadequate in support of its decision to fire her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 30, 2024, Case #: 23-1761, Categories: employment Discrimination, employment Retaliation
J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Rowland partially grants a health care analytics company’s motion for summary judgment on one of its former employees’ discrimination claims. The former employee says the company refused to accommodate her depression, anxiety and Sjögren’s Syndrome, then fired her in retaliation for taking FMLA leave. The court finds the former employee has sufficiently alleged her disability discrimination, failure to accommodate and retaliation claims, but grants the company judgment on her FMLA interference claim. The court also denies the company’s motion for sanctions.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: April 30, 2024, Case #: 1:22cv1612, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: Arbitration, employment Discrimination, employment Retaliation
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J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: Government, Interference With Contract, employment Retaliation
J. Hunt partially grants the Chicago Board of Education’s motion to dismiss multiple civil rights claims brought by a former employee. The former employee claims the board fired him in retaliation for prior charges he brought, over the board not accommodating his disabilities. The court mostly dismisses his retaliation and ADA discrimination claims, as he had pulled a girl out of class by her wrist and school officials overheard him speaking unprofessionally about a suicidal student, but allows a portion of his claim under the Illinois Whistleblower Act to proceed.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 29, 2024, Case #: 1:20cv73, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Whistleblowers, employment Retaliation
J. Cogburn grants the U.S. Postal Service’s motion to dismiss wrongful termination claims under Title VII brought by a former employee whom the service accused of theft. The employee denied the charge, but after an investigative interview, the service fired him. He was advised to sue the service federally within 90 days, but instead, he did so through state court 14 months later. Because he admitted the untimeliness of this, the service is granted dismissal.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:23cv747, NOS: Employment - Civil Rights, Categories: employment, Government, employment Retaliation
J. Chambers grants in part the in-home respiratory care provider’s motion for summary judgment in the former Huntington branch manager's retaliatory discharge suit. While there are disputed issues of material facts on her two claims of retaliatory discharge in violation of the West Virginia Patient Safety Act, the company, despite lying to state and federal regulators why they fired her, did not terminate her employment "in an atrocious, intolerable, or extreme way."
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: April 26, 2024, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: Health Care, employment Retaliation
J. Cogburn denies a food production company’s motion for summary judgment following allegations of retaliation brought by a former delivery driver. After several work-related injuries and complaints about being pushed to work beyond the accommodations recommended by her doctor, the driver unbuckled her seat belt to roll a window down to talk to another driver who was yelling at her. She then replaced her seat belt. Not long after, the company fired her, citing her violation of their strict seat belt policy. Based on the timing, the driver has sufficient evidence to proceed on the argument that her violation was pretext to her being fired for requesting accommodations.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:21cv655, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, employment, employment Retaliation
J. Dick grants a request by the state department of corrections, dismissing on procedural grounds the Title VII complaint of a fired black prison lieutenant, a 20-year veteran. He alleges he was fired for his use of force on an inmate, but a white captain who allegedly committed equal or greater violations of department police in the same incident, got to keep his job. The lieutenant’s claims of racial bias favoring the white captain fail because employees of different rank or status cannot be similarly situated.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 26, 2024, Case #: 3:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, employment Discrimination, employment Retaliation
J. Boasberg largely grants the employer and co-worker's motion for summary judgment in the employee's suit against them alleging that his hours were cut and he was terminated after objecting to discriminatory comments by the coworker. The employee has adequately pleaded that the employer's stated reason for a reduction of overtime opportunities was pretextual, but has not made that same showing for his other claims.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 25, 2024, Case #: 1:23cv275, NOS: Employment - Civil Rights, Categories: employment, employment Retaliation
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Cooper partially grants the television network's motion to dismiss its former Capitol Hill producer's suit alleging that he was fired for opposing false reporting of voter fraud and inaccurate coverage of the January 6, 2021 riot at the U.S. Capitol. The producer has not plausibly alleged that he was discriminated against because of his political affiliation, since a D.C. law barring such discrimination narrowly defines "political affiliation" as membership in or endorsement of a political party. He also has not alleged that he was terminated as a reprisal for political activity, nor cited an established policy that the network violated by firing him. While he purports that the network's stated reason for firing him, failing to show up to work when he called in sick, was pretextual, he has plausibly stated a claim of retaliation under the Sick Leave Act because of that stated reason for termination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 24, 2024, Case #: 1:23cv3401, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: Government, employment Discrimination, employment Retaliation
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: employment, Negligence, employment Retaliation
J. Levy grants the dismissal of all claims brought against Westbrook, Maine, and several of its officials by a former employee they fired. The employee’s supervisor’s different treatment of the employee was not do to the employee being male, but the fact that the employee replaced the supervisor’s paramour, so it wasn’t discrimination on the basis of sex.
Court: USDC Maine, Judge: Levy, Filed On: April 24, 2024, Case #: 2:23cv123, NOS: Civil Rights - Habeas Corpus, Categories: employment, employment Discrimination, employment Retaliation
J. Flanagan grants an IT management company’s motion for summary judgment following allegations of race discrimination and wrongful termination brought by a former manager. The manager, a Black man originally from Haiti, argues that his white male supervisor did not promote him but promoted another white man, instead placing the manager in a newly created role instead. However, the supervisor correctly argues that the manager did not have the skill set for those positions, and the manager accepted the role offered. The manager also fails to present any evidence of race discrimination or sufficient evidence for wrongful termination after he resigned.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:22cv345, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Flanagan grants a municipality’s motion to dismiss wrongful termination and gender and race discrimination allegations brought by a former parks and recreation director. The director, a Black woman, alleges that after a series of discussions and emails regarding her conduct, her supervisors became increasingly hostile and fired her without warning or explanation. She makes reference to several other employees’ actions that did not result in their termination, but the information she provides is too vague to proceed under a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:23cv630, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Rubin grants a credit union and its employees’ motion to dismiss allegations of race and gender discrimination by a former Black female employee. The employee alleges that she was suspended, denied a promotion and treated unfairly by the assistant vice president in consumer loans, who also made negative comments. The credit union argues that the individual supervisors cannot be held liable for the discrimination and retaliation claims. The court found the employee untimely filed the race discrimination claim and failed to exhaust administrative remedies for the gender-based discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: April 22, 2024, Case #: 1:23cv1314, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation