1,945 results for 'nos:"Employment - Civil Rights"'.
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, Emotional Distress, Employment Discrimination
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
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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. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, First Amendment
J. White grants the cleaning company's motion to dismiss overtime claims brought by two housekeepers alleging the company has a practice of arbitrarily reducing employees' wages, sometimes as a way to discipline its workers. The employees' hourly rate was $19 per hour, well above minimum wage, so even if their rate was reduced, it was still legal. Further, the complaint fails to allege the number of hours the employees' worked in a particular workweek.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: April 12, 2024, Case #: 4:23cv1479, NOS: Employment - Civil Rights, Categories: Employment
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. 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
J. Dever grants a recycling processor’s motion to dismiss three out of four race discrimination allegations brought by a former recycling truck driver. The driver, a Black man, witnessed the processor’s supervisor randomly shooting a gun at trees, trash and other things at the facility and making racist comments, such as that he would “shoot any nigger, I don’t give a fuck,” in addition to using another slur at work. Later, the driver’s direct supervisor said he was being terminated for “poor job performance,” although previously he'd been rated as doing an excellent job. Then, the processor claimed the driver abandoned his job. The driver claims the processor’s supervisor recommended he be fired to the driver’s direct supervisor, but he provides only speculation about this. However, his claim of a racially hostile work environment will proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv601, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Slomsky denies a spa’s motion for summary judgment on a licensed massage therapist’s claim that she was fired in retaliation for requesting a cart she could lean on during massages as an accommodation for her injured ankle — and not, as the spa claimed, for getting into a verbal altercation with another spa employee, who she was romantically linked to and who brandished a firearm and threatened her life at work. The therapist has presented a genuine issue of material fact as to whether the spa’s reason for terminating her was pretextual.
Court: USDC Eastern District of Pennsylvania, Judge: Slomsky, Filed On: April 8, 2024, Case #: 2:22cv3212, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation