269 results for 'nos:"Civil Rights - Habeas Corpus"'.
J. Woodcock denies an employer’s motion for summary judgment as it relates to its employee’s age and gender discrimination claims, but grants summary judgment in its favor on her negligent misrepresentation and breach of contract claims. The employer’s president said his company would never place a woman in the position that had previously been occupied by the employee’s supervisor, who left to work elsewhere, when it was suggested that she could fill the position. One of the people involved in the employee’s firing had told her, “You’re getting older, maybe the job is too much for you.”
Court: USDC Maine, Judge: Woodcock, Filed On: December 14, 2023, Case #: 2:21cv87, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Saylor denies in part an employer’s motion to dismiss claims brought against it by its employee, who is Black, based on incidents including, but not limited to, her direct supervisor in 2019 decreasing her pay to reflect lower cost of living when she relocated but not doing the same for white employees who relocated similarly to areas with lower costs of living, asking her to work during her approved FMLA leave and reassigning a client she’d worked with for several years to a lighter-skinned employee of color with less experience and lying by claiming the client asked that she be removed. Her claims of emotional distress, discrimination and retaliation are dismissed but her claims for failure to accommodate a disability and interference with her FMLA, Massachusetts Paid Family and Medical Leave Act and Equal Pay Act rights are not dismissed.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 14, 2023, Case #: 1:23cv10417, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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J. Otake denies class certification to former and current Hawaiian Airlines employees who were not granted medical or religious accommodation from the airline’s Covid-19 vaccination policy. Based on the wide range of how the airline determined their accommodation status, including variations of exact job positions and work locations, evidence for potential class members would not be the same and would still require individualized assessments.
Court: USDC Hawaii, Judge: Otake, Filed On: December 11, 2023, Case #: 1:22cv532, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination, Class Action
J. Stearns denies current and former employees’ motion for preliminary injunctive relief against their employer for denying them religious exemptions to Covid-19 vaccination. For their work, the employees closely interacted in-person with a wide range of people, including children, immunocompromised individuals and the elderly, and approving religious exemptions from the vaccine would put their customers at risk, and the denial of the exemptions did not involve simultaneously permitting secular exemptions that posed a similar risk. The granting of medical exemptions furthers the same goal of safety as rejecting the religious ones.
Court: USDC Massachusetts, Judge: Stearns, Filed On: December 11, 2023, Case #: 1:22cv10242, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Employment Discrimination
J. Reeves partly grants a former assistant principal’s motion for summary judgment on violations of Americans with Disability Act claims against the school when she was fired after taking additional time off, that was initially approved, to recover from surgical birth and related complications. There are no genuine issues of material fact as to the assistant principal’s ADA discriminatory termination claim.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: December 8, 2023, Case #: 3:22cv265, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, Employment
J. Woodcock partially denies an employer’s motion for summary judgment against its employee, who is suing it for multiple forms of discrimination, violation of the Equal Pay Act, the Family and Medical Leave Act, Maine Family and Medical Leave Requirements, and the Maine Human Rights Act. The employee’s claims related to sex-based discrimination and the Maine Human Rights Act are not adequately alleged, while the others may proceed against the business.
Court: USDC Maine, Judge: Woodcock, Filed On: November 15, 2023, Case #: 2:21cv70, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Kelley allows in part a job applicant’s motion “to compel defendant to supplement its initial disclosures and responses to plaintiff’s interrogatories and requests for production (‘RFPs’), and to award plaintiff $2,000 in fees.” The job applicant did not request leave to file his reply, so any arguments he first puts forward in the reply that were not in his initial motion are not considered. The corporation that hired a younger, white and allegedly less-qualified candidate over plaintiff already provided some of the discovery items requested by the applicant, but they are now required to provide memorandums, writings, notes and emails related to the application and interviewing of the younger, white candidate who was chosen for the position.
Court: USDC Massachusetts, Judge: Kelley, Filed On: November 13, 2023, Case #: 1:22cv12002, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Discovery, Employment Discrimination