491 results for 'cat:"Civil Rights" AND cat:"Employment"'.
J. Thompson grants the Department of Agriculture’s motion for summary judgment in this discrimination suit brought by a Black veterinarian who worked for the department for two days in 1993, then unsuccessfully reapplied for positions in 1998 and 2010. She was not hired because she had been terminated in 1993, not for discriminatory reasons.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: February 23, 2024, Case #: 2:22cv99, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Hickey grants a nursing home’s motion to dismiss claims filed by a former nursing director who was unable to show her termination was due to race discrimination or that the nursing home violated the Family Medical Care Leave Act. The evidence shows the former director did not adequately perform her job duties, which is a "legitimate, nondiscriminatory reason" for firing her.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: February 23, 2024, Case #: 1:22cv1072, NOS: Family and Medical Leave Act - Labor, Categories: civil Rights, employment, employment Discrimination
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J. Adelman grants summary judgment to Union Pacific in a lawsuit from former employees claiming they were not given proper 60 days' notice before a group of 44 workers were laid off from a railroad yard in Milwaukee in 2019. There is no dispute in the record that only 21 of the employees who were furloughed count as "affected employees" under the "mass layoff" provision of Wisconsin's Business Closing and Mass Layoff Law and related administrative code, which, as the Department of Workforce Development concluded, falls short of the 25-employee bar for the furloughs to be considered a "mass layoff" under the statutory scheme. Given all of this, Union Pacific was not required to give 60 days' notice of the layoffs.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: February 20, 2024, Case #: 2:21cv1354, NOS: Employment - Civil Rights, Categories: civil Rights, employment
J. Surrick denies in part the Philadelphia Housing Authority’s motion to dismiss a gay network technician’s adverse employment suit alleging discrimination based on his sexuality and anxiety diagnosis. The technician has alleged that he was fired about two weeks after he filed a formal complaint of sex, sexual orientation and disability discrimination, from which the court can infer causation.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: February 15, 2024, Case #: 2:23cv460, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Defamation, employment Discrimination
J. Flanagan grants a county caseworker’s motion for leave to file a second amended complaint against her employer in this age discrimination suit. Initially, she sued the county’s social services department, but this entity cannot be sued under federal discrimination law. She next moved to sue individuals involved in the allegations, but individuals cannot be sued under this law either. The caseworker’s suit is deemed to not be frivolous, so she will need to determine whether she is employed by the county or the state, and sue that party.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 12, 2024, Case #: 4:22cv81, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Dever grants Walmart’s motion to dismiss allegations of race discrimination brought a driver employed by Walmart after another employee crashed into his truck, causing $5,000 in damage. The driver, a Black man, claims that because Walmart did not require the employee, a white man, to pay the damages, Walmart favored the employee based on race. However, the driver’s allegations are not sufficient for a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 8, 2024, Case #: 5:23cv226, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment, employment Discrimination
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: Civil Procedure, civil Rights, employment Discrimination
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: civil Rights, employment, Tort
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation, Labor
J. Osteen partially denies the Department of Veterans Affairs’ motion to dismiss allegations of disability discrimination and retaliation brought by a former program support assistant. While the assistant fails to state a claim for retaliation, the evidence she produces is sufficient to bring a discrimination claim. The department created a new position similar to hers requiring a graduate degree, of which she has three, but hired someone who was not college-educated instead. The assistant argues this is because of the department’s prejudice against her based on the atrophy of the left side of her body due to a stroke.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: February 6, 2024, Case #: 1:23cv8, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination