4,470 results for 'cat:"Employment"'.
J. Immergut dismisses the medical device company's lawsuit claiming that its former account manager's allegations that it violated several provisions of California law, including California’s Fair Employment and Housing Act, do not fall under California law. The company's suit "is the kind of 'reactive declaratory action' that federal courts 'should generally decline to entertain.'"
Court: USDC Oregon, Judge: Immergut, Filed On: May 10, 2024, Case #: 3:24cv356, NOS: Employment - Civil Rights, Categories: employment, Jurisdiction
J. Block grants judgement to the New York City Transit Authority on a former bus maintainer’s employment retaliation complaint. He claims it refused to rehire him after a jury returned a verdict in his favor on claims that he was fired after reporting a document adorned with Nazi symbols at a workplace copier machine. The court finds the decision not to rehire him was not retaliatory, as the maintainer fails to present any evidence that suggests those involved in the decision knew of his lawsuit.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 10, 2024, Case #: 1:21cv4255, NOS: Employment - Civil Rights, Categories: employment Retaliation
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: employment, Government, Due Process
J. Ripple finds that the lower court properly found for the employer on 40 black employees' race discrimination claims, and awarded damages to just one employee of seven who went to trial. Residents' repeated use of the N-word was "troubling" but was usually verbalized by patients suffering mental impairments and were not statements made by management or coworkers. These racist comments cannot be the basis to find employees were subjected to a hostile work environment or pervasive harassment. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: May 9, 2024, Case #: 22-2806, Categories: Agency, employment Discrimination
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J. Conley denies the state military affairs department's motion for summary judgment in the federal government's lawsuit on behalf of an employee claiming the department discriminated against her by offering her a lower salary for a promotion than the male applicant it ultimately hired for the position. There is enough evidence in the record at this point for a reasonable jury to find that the employee's sex motivated the department to use pretexts to offer her a $78,000 salary, which was below the posted minimum of $79,040, then offer her the minimum and pay the male applicant it hired $85,000 for the same job when she turned it down. The employee's motion to file a sur-reply brief is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 9, 2024, Case #: 3:23cv60, NOS: Employment - Civil Rights, Categories: employment Discrimination
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: employment, Damages, Fiduciary Duty
J. Penzato finds that the workers' compensation judge properly granted summary judgment in favor of the festival company in a jouster's claim for benefits for injuries sustained while performing at a renaissance festival when he was knocked off his horse. The jouster was exempted from workers' compensation coverage since he was "rendering services pursuant to a performance contract." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 9, 2024, Case #: 2023CA1003, Categories: employment, Contract, Workers' Compensation
J. Barker grants the employer's motion for partial judgment on the pleadings, ruling the former executive's fiduciary duty claims fail. The employer was not a shareholder in the parent company and, therefore, owed him no duty of care in relation to the value of his shares of stock.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: May 9, 2024, Case #: 1:23cv986, NOS: Employment - Civil Rights, Categories: employment, Fiduciary Duty
J. Sammartino denies in part Alaska Airlines' motion in limine in the customer service associate's employment action. The airline seeks to exclude the circumstances of another employee's termination, but only provides ill-defined representations and abstract arguments to support its request, which are insufficient. However, previously undisclosed witnesses who were only briefly mentioned during discovery will be excluded from testifying at trial.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 9, 2024, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: employment, Discovery
J. Christen finds that the district court improperly dismissed an action brought by pension plan participants, alleging that the plan administrator violated ERISA by not providing pension benefit statements automatically or on request. The participants adequately pleaded an ERISA violation based on their allegation that they made written requests which were "sufficient to trigger the duty to produce pension benefit statements." Reversed.
Court: 9th Circuit, Judge: Christen, Filed On: May 9, 2024, Case #: 22-55634, Categories: employment, Erisa
J. Richardson grants the sued transportation company’s motion for summary judgment but denies its request for attorney fees without prejudice in this lawsuit brought by two former employees. The suing truck drivers bring claims for race discrimination, retaliation and hostile work environment. However, the court finds that they have not provided “direct evidence of race discrimination.” Also, the evidence does not sufficiently show that one of them was terminated for discriminatory reasons or that the other should have “felt compelled to resign” due to the alleged name-calling.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: May 9, 2024, Case #: 3:21cv262, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, Attorney Fees
J. Coleman finds the court of appeals erroneously determined the employee could not bring wrongful termination claims after she was fired for reporting patient abuse at the long-term care facility. While the public policy exception in Mississippi law gives an exception for unlawful "acts of an employer," the language also necessarily covers the acts of a co-worker, like the one who abused the patient in this case; therefore, the jury verdict in favor of the employee will be reinstated. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: May 9, 2024, Case #: 2022-CT-188, Categories: Health Care, employment Retaliation
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: Administrative Law, employment
J. Conner denies a medical center’s motion to dismiss an employee’s FMLA and ADA claims. The employee adequately alleged that she was forced to use continuous leave following an injury, rather than be provided light duty work, and that her employment and benefits were adversely affected after she exercised her FMLA rights.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: May 8, 2024, Case #: 1:23cv1696, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, employment
J. Wyrick grants the government defendant’s motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate “for failing to achieve a passing grade,” fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for “very different reasons,” meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, employment Discrimination
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: Arbitration, employment, Labor / Unions
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, employment Discrimination, employment Retaliation
J. Harris finds the lower court improperly granted summary judgment to the teacher. A longtime teacher of English and drama at a Catholic high school sued for sex discrimination under Title VII after the school fired him for his plans to marry his same-sex partner. The complaint falls squarely into the ministerial exception, a legal doctrine barring the application of anti-discrimination laws to religious institutions' employment relationships with its ministers. The teacher played a vital role as a messenger of the school's faith making him a minister for the point of the exception. Reversed.
Court: 4th Circuit, Judge: Harris , Filed On: May 8, 2024, Case #: 22-1440, Categories: Education, employment Discrimination
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, employment Discrimination, employment Retaliation
J. Conley denies the construction company's motion to dismiss claims from a class action from employees in part alleging they were not paid their full pay rate or overtime wages for time spent loading trucks and driving to and from job sites. The company's motion to dismiss the employees' state-law claims based on an argument of preemption under the Labor Management Relations Act is premature. The company's motion to stay proceedings pending resolution of a union grievance is denied, as it's not clear how intertwined the grievance and the lawsuit are such that the lawsuit needs to be stayed. The employees' motion to strike the company's reply brief is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 8, 2024, Case #: 2:23cv461, NOS: Fair Labor Standards Act - Labor, Categories: employment, Labor / Unions