129 results for 'cat:"Civil Procedure" AND cat:"Employment Discrimination"'.
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, Labor
J. Boone grants, in part, both parties’ ex parte motions to modify the scheduling order of an employment discrimination action. The parties were engaged in negotiations up to the deadline, trial is not imminent and prejudice is minimal.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 18, 2023, Case #: 1:22cv594, NOS: Labor/Management Relations - Labor, Categories: civil Procedure, Discovery, employment Discrimination
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J. Park finds that the district court improperly confirmed an arbitration award and unsealed its provisions in age discrimination claims because the confirmation request was rendered moot when IBM fully paid the award, and attaching the confidential award to the action under seal and seeking unsealing was a tactic meant to skirt the terms of the award. Reversed in part.
Court: 2nd Circuit, Judge: Park, Filed On: August 14, 2023, Case #: 22-1240-cv, Categories: Arbitration, civil Procedure, employment Discrimination
J. Fowlkes adopts the recommendation of the magistrate judge and grants the transportation defendants' three dispositive motions in this lawsuit brought by a former bus driver, who was allegedly terminated following a traffic accident and now asserts claims for age and gender discrimination. The driver's claims are dismissed against the supervisor, because the cited statutes "do not allow for individual liability." Additionally, the driver fails to establish a prima facie case of discrimination.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: August 10, 2023, Case #: 2:22cv2069, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Biggs denies, in part, the Secretary of the Department of Veterans Affairs' motion to dismiss a former worker's disability discrimination and retaliation claims. The government fails to cite any rule of procedure it relies upon in its motion to dismiss.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: August 7, 2023, Case #: 1:22CV317, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, Employment Retaliation
J. White partially grants the dismissal motion filed by the employer in this lawsuit alleging race discrimination and constructive discharge. The former employee fails to state a hostile work environment claim, as the alleged incidents were not pervasive enough to support the claim. Accordingly, his constructive discharge claim also fails. Additionally, the court grants the employer's motion to quash process, noting that "the deficiencies are curable."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: August 4, 2023, Case #: 6:22cv322, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Carr grants the employer's motion for summary judgment, ruling any factual disputes about discrimination experienced by the black employee are irrelevant because she failed to file her complaint within the 6-month statute of limitations included in her signed employee handbook. The employee claims she never read the handbook, but that is also irrelevant because she signed the document, which included the 6-month limitation in capitalized and bolded lettering.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 27, 2023, Case #: 3:20cv1992, NOS: Family and Medical Leave Act - Labor, Categories: civil Procedure, employment Discrimination, Contract
J. Palk denies the department's dismissal motion in this suit brought by a former budget analyst alleging racial discrimination and disability discrimination. The former employee, who worked in the Oklahoma Veterans Affairs Health Care System, sufficiently states a claim for racial discrimination based on "the removal of plaintiff from her job," along with certain alleged statements by her supervisor and an alleged failure to consider her for a position in public affairs.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 18, 2023, Case #: 5:22cv359, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, employment Discrimination
J. McFarland grants, in part, the city's motion to dismiss, ruling the Asian firefighter's failure to exhaust his administrative remedies through the EEOC bars his hostile work environment claims. However, because the firefighter was qualified for the promotions he sought but were eventually given to non-disabled, non-minority employees, he has established a viable discrimination claim.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: July 11, 2023, Case #: 1:22cv652, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Richardson grants the individual defendant's dismissal motion in this lawsuit alleging religion-based discrimination and retaliation under the Tennessee Human Rights Act and fraud under Tennessee law. The individual defendant, who is the alleged president of the defendant company, "cannot be held liable for discrimination or retaliation under the THRA." Also, the employee's complaint fails to adequately plead a fraud claim against the individual executive.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 11, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, employment Discrimination
J. Mazzant grants in part the motion to dismiss as to the individual officials in an employment discrimination case stemming from the firing of two employees due to a purported reduction in force at the Texas A&M Engineering Extension Service. The Eleventh Amendment bars the claims brought under the Texas Labor Code, plus the ADA and ADEA claims against two of the officials. Also, the employees' claims under the FMLA were not adequately pleaded.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 30, 2023, Case #: 4:21cv1005, NOS: Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination