104 results for 'cat:"Covid-19" AND cat:"Employment Discrimination"'.
J. McAvot dismisses a certified surgical technician’s employment discrimination complaint alleging it revoked her religious exemption from its Covid-19 vaccine mandate and then fired her after she refused to get vaccinated. As per the Second Circuit’s findings in We the Patriots v. Hochul, an employer is not required to provide an accommodation if it creates an undue hardship, and such a decision does not violate state and federal religious rights laws.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: August 8, 2023, Case #: 5:22cv1153, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination
J. Self finds in favor of the employer in a civil rights, emotional distress and breach of contract action brought by the Christian ex-employee alleging religious-based discrimination. The employee was fired for insubordination after refusing to follow the employer's Covid-19 vaccination policy. The doctor who founded the employer is not an employee subject to the employer's control, therefore the employer does not meet the Title VII definition of "employer" because it did not have 15 or more employees per working day. The employer cannot be held liable under Title VII.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: August 2, 2023, Case #: 3:22cv75, NOS: Employment - Civil Rights, Categories: Civil Rights, covid-19, employment Discrimination
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J. Gwin grants the employer's motion to dismiss, ruling current employees initially denied religious exemptions to the Covid-19 vaccine mandate lack standing because they were granted exemptions before the suit was filed and, therefore, have not shown the threat of an imminent injury. Meanwhile, those former employees who claim they were constructively discharged after initially being denied exemptions also lack standing because they have not shown disparate treatment or disciplinary actions taken because of their religious beliefs, but rather, they left voluntarily before the adjudication of their requests for exemptions.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: July 12, 2023, Case #: 1:22cv2154, NOS: Other Civil Rights - Civil Rights, Categories: covid-19, employment Discrimination, Class Action
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: Emotional Distress, covid-19, employment Discrimination
J. McDermott finds that the lower court properly denied the state's motion to dismiss a public health employee's claim that she was fired for refusing to stifle public record requests made by Iowa Public Radio during the Covid-19 pandemic because an issue of material fact exists as to whether the employee had a legal duty to produce records upon request. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 23, 2023, Case #: 22-0005, Categories: Public Record, covid-19, employment Discrimination
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, covid-19, employment Discrimination
J. DuBose grants, in part, a group of employees' motion to amend their complaint to add additional claims to their discrimination case arising from their employer's Covid-19 vaccination policy. They have plausibly alleged their invasion of privacy claim to support inclusion in their action.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: June 7, 2023, Case #: 1:22cv267, NOS: Employment - Civil Rights, Categories: Privacy, covid-19, employment Discrimination
J. Rice partially denies summary judgment to the university for the former head football coach's claim that the university wrongfully denied his request for religious exemption or reasonable accommodations for the Covid-19 vaccine. The former coach adequately alleges that Proclamation 21-14, which imposed vaccination as a condition of employment, generates conflict between employment duties and religious-based objections, and the university does not adequately prove that providing the accommodations would have caused it undue hardship.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: May 30, 2023, Case #: 2:22cv319, NOS: Employment - Civil Rights, Categories: Employment, covid-19, employment Discrimination