1,131 results for 'cat:"Employment" AND cat:"Employment Retaliation"'.
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: employment Discrimination, employment Retaliation
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: Venue, employment Discrimination, employment Retaliation
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: Civil Procedure, employment, employment Retaliation
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J. Peterson enters default judgment in favor of an employee. An employee alleges her employer fired her because she became pregnant and did not want to allow her to take medical leave. Because the the employer failed to appear or respond to the complaint, and because the employee has made plausible claims, the instant court finds in favor of the employee awarding her $150,176 in damages, as well as attorney fees and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 18, 2024, Case #: 23cv442, NOS: Employment - Civil Rights, Categories: employment, Damages, employment Retaliation
J. Ballou denies the emergency response company's agency to dismiss claims for sexual orientation discrimination based on disparate treatment. The openly bi-sexual employee felt her boss and others harassed her for her sexual orientation. When she attempted to relocate to a new city and begin work at a new emergency response agency, her boss provided negative reviews, calling her an odd duck and saying she makes terrible life choices concerning her sexuality.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: April 18, 2024, Case #: 3:23cv42, Categories: employment, employment Discrimination, employment Retaliation
J. Ryan finds the lower court properly granted the employer's motion for summary judgment. Although the nursing manager made comments about potential safety issues shortly before her termination, none of the issues implicate a specific public policy that would allow her to prevail on her wrongful termination claim, while her abrasive and bully-like behavior toward subordinates gave the employer a legitimate reason to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1471, Categories: employment, Health Care, employment Retaliation
J. Rosenbaum finds that the district court properly ruled in favor of the secretary in a race discrimination and employment retaliation action brought by the nurse after she was not chosen for a promotion. The nurse, a Black woman, failed to point to any genuine dispute of material fact as to whether she experienced race or national origin discrimination. Other people were chosen for the position based on their management experience and certifications. The removal of the hiring panel's only Black member for scheduling conflicts also did not disadvantage the nurse. The nurse failed to show that any workplace hostility was causally connected to her Equal Employment Opportunity Commission complaint. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 18, 2024, Case #: 21-14185, Categories: employment Discrimination, employment Retaliation
J. Drell orders a school's executive director to turn over complete and unredacted records of any phone calls and text messages he exchanged with three subordinate employees, during two days of depositions for an English instructor’s Title VII sexual harassment and retaliation suit. The school destroyed evidence to conceal it from the litigant-teacher and, therefore, the teacher is granted an “adverse inference” as a sanction. A jury may infer that deleted texts would have shown the executive director instructed the three workers how they were to testify in their depositions and that the testimony in their own depositions reflects the instructions of their boss.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:21cv4419, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, employment Retaliation
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, employment Discrimination, employment Retaliation
J. Eagles denies Greensboro’s Alcoholic Beverage Control (ABC) Board’s motion for judgment on the pleadings following allegations of disability discrimination brought by a former ABC warehouse worker. The worker’s doctor examined him for chronic pain after having worked in the warehouse for eight years, and he called off from work for four days on doctor’s order after he was diagnosed with plantar fasciitis. The board argues the worker does not have a disability because of the short time between when he let them know about his condition and his call-off, and it fired him less than a week after his four-day absence. However, the worker reported having had chronic pain for two years before the call-off and has demonstrated his disability under ADA.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 15, 2024, Case #: 1:23cv621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Vilardo allows a security sergeant to continue claims contending he had been given inferior scheduling opportunities and subsequently fired after complaining that he had been mocked based on his age and hearing disability and that coworkers had been illegally eavesdropping and recording conversations. Demeaning remarks had been made at a meeting several years before the alleged adverse actions occurred, and an incident in which the sergeant passed out concerned a one-time medical incident, not a disability. However, the complaint plausibly alleges the security sergeant was mocked and ostracized due to his hearing disability, and he had been fired less than four months following the investigation into retaliation claims.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 15, 2024, Case #: 1:20cv1861, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, employment Retaliation, First Amendment
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, Government, employment Retaliation
J. Kennelly partially grants Chicago’s motion for summary judgment on multiple employment discrimination claims from Black former employees of the Chicago Department of Water Management. The employees claims they faced racial discrimination, a hostile work environment, skipped promotions and missed overtime pay. The court finds for the city regarding the employees’ claims of discrimination involving missed promotions, overtime pay and poor shift assignments; it also dismisses three employees’ hostile work environment and discriminatory discipline claims. The remaining claims will proceed to trial.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:17cv4858, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Stearns partially denies a company and its CEO’s motion for summary judgment against their former national sales and business manager who is suing them for allegedly retaliating against her and violating the Massachusetts Wage Act. The manager engaged in protected conduct in Massachusetts and performed work she allegedly wasn’t paid for commissions earned in Massachusetts, so even though the company and its CEO are in Illinois and the manager is not a Massachusetts resident, she can bring a claim under the Massachusetts Wage Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: April 11, 2024, Case #: 1:22cv10750, NOS: Civil Rights - Habeas Corpus, Categories: employment, Jurisdiction, employment Retaliation
J. Hanen finds that the claims of professor who was denied a promotion after speaking out against discriminatory behavior toward women university employees can proceed to a jury trial based only on professor’s retaliation and discrimination claims. The professor cited emails in which she repeatedly pointed out gender-based discrimination to her supervisors, along with formal complaints she submitted to the university, which provide sufficient context for retaliation.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 11, 2024, Case #: 4:15cv2824, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, employment Retaliation
J. Trauger grants the former employer's motion for summary judgment and dismisses this lawsuit alleging a failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who allegedly wanted space in the back of business to store her oxygen tank, testified that she was never actually denied "an accommodation that she sought." Instead, she bases her claim on an allegation that she was not told when or where to clear the space. The court concludes that her requested accommodation was in fact granted, and also, her complaint regarding breaks is not supported by the evidence.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 10, 2024, Case #: 3:22cv874, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Roman finds for the city on an employee's claims she was fired for advocating for anti-racist policies. In the employee's capacity as city planner, she repeatedly attempted to include language to encourage the identification of "anti-racist" strategies for fair housing and economic development, but her supervisor repeatedly removed the word "anti-racist" on the basis that it would alienate some members of the community. The evidence overwhelmingly shows that the employee's speech was made pursuant to her job as a city planner, so it is not protected by the First Amendment.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 10, 2024, Case #: 7:21cv4009, NOS: Employment - Civil Rights, Categories: employment Retaliation, First Amendment