491 results for 'cat:"Civil Rights" AND cat:"Employment"'.
J. Antongiorgi-Jordán grants the hospital's motion to dismiss this wrongful termination and retaliation suit. The disabled dietician who was promoted to the position of director of nutritional services claims she was terminated due to her having filed a complaint against a coworker for creating a hostile work environment. The dietician did not file her retaliation claim within 180 days, as required. Although her discrimination claim was filed within limitations, it does not extend the deadline for the retaliation claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordán, Filed On: March 25, 2024, Case #: 3:22cv1322, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Flanagan denies in part the State of North Carolina’s motion to dismiss claims of gender discrimination brought by a human resources manager after the state allegedly underpaid her by $10,000 a year compared with male counterparts. The manager worked for the state’s transportation department, also party to this suit, so the state argues her claim is redundant. However, the manager is technically employed by the state, and even though the department recommended a salary increase for her, the state denied it.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:23cv624, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Crone grants in part the opposing motions to exclude expert testimony in an employment discrimination case alleging ADA violations when a welder's conditional job offer was revoked due to the presence of methadone and Xanax in his drug screen. For instance, the expert for the employer parties may not testify about the welder's "possible diversion of his medication" since it is not relevant and is prejudicial. Also, certain statements in the report of the EEOC's rebuttal expert should be stricken for being "impermissible legal conclusions."
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: March 25, 2024, Case #: 1:21cv451, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment, Experts
J. Crabtree grants a City's motion to dismiss a former employee's equal protection claims. The employee, a municipal judge who underwent monthly infusions for an illness, failed to sufficiently show in court that she could assert a "class of one" claim in the public employment arena.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 25, 2024, Case #: 2:23cv2043, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, employment, Equal Protection
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J. Kahn denies in part summary judgment to a New York County sheriff’s department and preserves claims alleging it discriminated against a disabled Black and Puerto Rican corrections officers when it arrested, charged and issued disciplinary charges against her after discovering she had brought her personal cellphone into the county prison, which the prison considers contraband. The court finds a jury could conclude that because a white, non-disabled cook who violated the same policy was not reprimanded to the same degree, a jury could find the prison acted with discriminatory intent. However, her claim for malicious prosecution was dismissed because the prison had reasonable cause to arrest and charge her.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 22, 2024, Case #: 1:18cv941, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Equal Protection, employment Discrimination
[Consolidated.] J. Erickson finds a lower court improperly dismissed a security counselor's discrimination claims against a state employer. The employee objected to required gender identity training, which he claimed violated his religious beliefs, after which the employer did not interview him for a promotion, which it had done when similar positions opened in the past. The employee presented sufficient evidence in court that his employer violated his civil rights for engaging in protected activities. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 23-1207, Categories: civil Rights, employment, employment Discrimination
J. Copenhaver grants in part the motions of the former Wood County sheriff, his chief deputy and the county commission for summary judgment in a former deputy sheriff's suit for sexual discrimination and retaliation. In addition to her failure to establish a prima facie case for retaliation, the court finds the commission is an improper party on that claim and that the former chief deputy is an improper party to her claim of sexual harassment. The commission and former sheriff remain as defendants on the deputy's remaining claim for sex discrimination by way of a hostile work environment under the West Virginia Human Rights Act.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: March 20, 2024, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: civil Rights, Government, employment Discrimination
J. Dugan rules a Black female employee may pursue race and sex discrimination claims against a chemical manufacturing distributor. The female employee sufficiently showed in court that she may have been passed over for a promotion to serve as a general foreman, which was handed down to white, male co-worker.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: March 20, 2024, Case #: 3:21cv1357, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Silva grants AutoZone's motion for summary judgment. After the sales associate filed a complaint against a manager for sexual harassment, the ensuing investigation led to the termination of the manager. The sales associate was invited to return to work, but did not, and his employment was then terminated. Though the associate seeks damages against AutoZone, the facts do not support his hostile work environment claim since the manager was fired.
Court: USDC Nevada, Judge: Silva , Filed On: March 19, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Retaliation
J. Rice denies the IT company's motion to compel arbitration in the job trainee's complaint that the IT company fired her for unapproved absences while she took maternity leave. Although the job trainee signed the arbitration agreement on her first day of work, she lacked a meaningful choice because none of the information that the IT company gave her contained information about arbitration, and it subjected her to time pressure to sign the documents on the first day.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 19, 2024, Case #: 2:24cv17, NOS: Employment - Civil Rights, Categories: Arbitration, civil Rights, employment
J. Dever grants North Carolina State University’s motion to dismiss allegations of disability discrimination brought by a Ph.D. candidate who claims the university did not accommodate his ADHD, depression and anxiety diagnoses. He requested multiple leaves of absence during his program to attend mental health appointments, which the university afforded him. An advisor gave a research assistantship to a different student because the candidate was “a liability.” However, the candidate’s hostile work environment and failure to accommodate claims are not sufficient or time-barred under the ADA.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 19, 2024, Case #: 5:23cv331, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Rice dismisses without leave to amend the healthcare workers' complaint that Gov. Inslee violated the healthcare workers' civil rights by requiring them to receive the Covid-19 vaccine, resulting in their termination when they refused. Inslee is entitled to qualified immunity on these claims because the healthcare workers cannot claim that Inslee and others unlawfully "subjected" them to any investigational medical product or procedure as the healthcare workers undisputedly rejected the FDA-approved Pfizer vaccine.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 18, 2024, Case #: 2:23cv295, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment, Covid-19
J. Humetewa rules a former community college employee may pursue racial discrimination claims against a community college The former employee, who is Hispanic, sufficiently showed in court that she may have been passed over for a new employment contract based on her race.
Court: USDC Arizona, Judge: Humetewa, Filed On: March 18, 2024, Case #: 2:21cv742, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Self rules in favor of the employer in a civil rights action brought by the former employee, a white man, alleging that the employer created a hostile work environment by treating him differently than his Black co-workers. The ex-employee claimed the employer failed to take action after three co-workers made threatening comments to him. The employee failed to show that the comments were racially motivated or that the alleged harassment was severe or pervasive.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 16, 2024, Case #: 5:23cv42, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination
J. Hummel orders New York State’s Department of Environmental Conservation to produce requested documents in an employment discrimination lawsuit. The litigant seeks documentation regarding the demotion and subsequent promotion an environmental department officer who was the subject of a sexual harassment complaint. The litigant in this case alleges he was denied a promotion to be the director of law enforcement due to reverse racism, while the department argues the decision to deny him the position was in part based on his involvement in the officer’s promotion, which they claimed showed a lapse in judgment.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 14, 2024, Case #: 1:20cv106, NOS: Employment - Civil Rights, Categories: civil Rights, Discovery, employment Discrimination
J. Aiken dismisses the former legislative equity officer's complaint alleging that the state forced him to resign because he reported the former interim legislative equity officer's unlawful practices. The former legislative equity officer claims that the state released a memo to the press describing inaccuracies in his application for the job, but a journalist had sought a public records request for the memo and he was not entitled to a notice of this request.
Court: USDC Oregon, Judge: Aiken, Filed On: March 11, 2024, Case #: 6:22cv604, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment
J. Crenshaw finds in favor of the employer in this lawsuit alleging race discrimination and a hostile work environment under Title VII of the Civil Rights Act. The employee, who worked as a line assembler for the manufacturer, contends that his termination was based on race. However, he fails to provide a comparator that was treated "more favorably" to establish his prima facie case of discrimination.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 11, 2024, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination