290 results for 'cat:"Civil Rights" AND cat:"Employment Discrimination"'.
J. Surrick denies in part the Philadelphia Housing Authority’s motion to dismiss a gay network technician’s adverse employment suit alleging discrimination based on his sexuality and anxiety diagnosis. The technician has alleged that he was fired about two weeks after he filed a formal complaint of sex, sexual orientation and disability discrimination, from which the court can infer causation.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: February 15, 2024, Case #: 2:23cv460, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Defamation, employment Discrimination
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J. Flanagan grants a county caseworker’s motion for leave to file a second amended complaint against her employer in this age discrimination suit. Initially, she sued the county’s social services department, but this entity cannot be sued under federal discrimination law. She next moved to sue individuals involved in the allegations, but individuals cannot be sued under this law either. The caseworker’s suit is deemed to not be frivolous, so she will need to determine whether she is employed by the county or the state, and sue that party.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 12, 2024, Case #: 4:22cv81, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Dever grants Walmart’s motion to dismiss allegations of race discrimination brought a driver employed by Walmart after another employee crashed into his truck, causing $5,000 in damage. The driver, a Black man, claims that because Walmart did not require the employee, a white man, to pay the damages, Walmart favored the employee based on race. However, the driver’s allegations are not sufficient for a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 8, 2024, Case #: 5:23cv226, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: Civil Procedure, civil Rights, employment Discrimination
J. Osteen partially denies the Department of Veterans Affairs’ motion to dismiss allegations of disability discrimination and retaliation brought by a former program support assistant. While the assistant fails to state a claim for retaliation, the evidence she produces is sufficient to bring a discrimination claim. The department created a new position similar to hers requiring a graduate degree, of which she has three, but hired someone who was not college-educated instead. The assistant argues this is because of the department’s prejudice against her based on the atrophy of the left side of her body due to a stroke.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: February 6, 2024, Case #: 1:23cv8, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Suddaby rules in favor of a healthcare provider and dismisses a 66-year-old’s age discrimination complaint that claims it denied his application for a position as a sleep physician on the basis of his age. One of those involved inadvertently sent him an email which allegedly suggested the company was actively refusing to hire older applicants. The applicant suffered no injury because he voluntarily withdrew from consideration after being scheduled an in-person interview. As well, he fails to show that anyone involved in the decision to hire him harbored discriminatory animus after the company removed the email’s sender from the hiring process once they learned what she had said in the email.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 1, 2024, Case #: 3:22cv178, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Whitney grants a utility provider’s motion to dismiss allegations of race discrimination brought by a former engineer after the provider failed to promote him and allegedly told him he’d never be in a leadership position. The engineer, a Black man, claimed the provider would not promote him based on his race, so he began working for another provider. He claims he received similar treatment there as well as a pay cut, which he believes is because of the companies sharing information about him. However, under federal discrimination law, the subject incidents happened too long ago and are time-barred.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 1, 2024, Case #: 3:23cv333, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Flanagan denies a former county sheriff’s motion to dismiss allegations of race discrimination brought by a former captain of the county’s detention center after the sheriff demoted her then fired her shortly after he was elected to office. The captain, the only Black woman on staff at the time, worked in the office since 1998, had several promotions since, and allegedly had an excellent performance record. Within a month of his placement, the sheriff, a white man, demoted the captain and replaced her with a less-qualified white woman. He also demoted another Black employee, and on a phone call with a white staff member, was recorded saying, “I’m sick of these Black bastards. I’m gonna clean house and be done with it,” along with other derogatory remarks. When the sheriff fired the captain not long after, he cited an incident when she had forgotten to pay for some bags of pecans at a store, then returned to pay for them, characterizing this as behavior as “unbecoming.” The state filed a removal petition against the sheriff based on the race discrimination claims, at which time he resigned. He was elected again, and again he demoted Black staff members. The state filed a removal petition a second time, and again he resigned. The captain has sufficiently evidenced a claim for race discrimination.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 1, 2024, Case #: 7:23cv1177, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Flanagan denies a Butterball employee’s motion for reconsideration of a previous denial of leave to amend in this race discrimination suit. The employee alleges he just wanted to change pseudonyms in the original complaint to the individuals’ real names, to add them as defendants. However, suits under Title VII of the Civil Right Act may not be brought against individuals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 31, 2024, Case #: 4:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, employment Discrimination