1,945 results for 'nos:"Employment - Civil Rights"'.
J. Rice dismisses UPS's affirmative statute of limitations defense against the package car cover driver's complaint alleging that UPS's superiors assigned him to less desirable routes, overloaded him with work and tried to uncover unfavorable information about the driver because of his race. The statute of limitations for Washington Law Against Discrimination and related state law tort claims is three years, and the driver filed this lawsuit in October 2022 so his claims can only go as far back as October 2019, but the acts that happened before October 2018 involved the same people named in the driver's lawsuit. As such, the driver can introduce evidence of acts that happened before Oct. 18, 2018, to support his hostile work environment claim.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 22, 2024, Case #: 1:22cv3149, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs and director of administration business and finance in this employment dispute brought by a former scholarship advisor after being investigated for falsifying an administrative assistant’s timecard. The scholarship advisor alleges she was put on administrative leave with pay and then terminated without an adequate pre-termination hearing. She argues her procedural due process rights were violated for not receiving the adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv504, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: Employment, Due Process
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. Bernal finds in favor of the management consulting company on the camera operator's complaint alleging that he was fired for not submitting proof of getting a Covid-19 vaccination after it denied his religious exemption to the vaccine. The camera operator argues that the company did not accommodate his religious beliefs, but allowing him to continue working without receiving the vaccine "would have exposed [his] co-workers to a greater risk of Covid-19 infection" and put his co-workers' lives in danger.
Court: USDC Central District of California, Judge: Bernal, Filed On: April 18, 2024, Case #: 5:22cv2220, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, Negligence, Contract
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
J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Kindred denies in part a training academy attendee's motion for attorney fees and grants her and another attendees' motion for entry of judgment regarding a trainee recruit's allegations of racial and sexual discrimination while she was in the state trooper training academy. Partial final judgment dismissing the attendees is warranted, however, an award of attorney fees is not.
Court: USDC Alaska, Judge: Kindred, Filed On: April 17, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
[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. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Due Process
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Whitney denies in part Wells Fargo’s motion for summary judgment on allegations of ADA violations brought by a former senior sales securities manager the bank laid off during the Covid-19 pandemic. The manager relocated from Los Angeles to Charlotte during the pandemic and requested a work-from-home accommodation, as he was concerned the new office’s bathroom set up would not be able feasible for him. The bank began layoffs after losing money during the pandemic and claims that because the manager’s annual salary, at $2.6 million, was the highest of all managers at that office, it needed to lay him off. The manager claims the bank discriminated against him because of his disability. Because there is still a genuine dispute of fact concerning whether and how the bank discriminated against the manager, summary judgment is denied and the manager’s claims survive.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 16, 2024, Case #: 3:23cv160, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination