1,131 results for 'cat:"Employment" AND cat:"Employment Retaliation"'.
J. Blakey partially grants a medical clinic’s motion to dismiss race discrimination, wrongful termination and Title VII claims brought by one of its former employees. The former employee, a Black single mother, claims she faced consistent racial discrimination from her supervisor, who would also leave disparaging comments regarding her daughter on social media. She eventually felt pressured to resign given the constant poor treatment. The court finds the former employee has sufficiently alleged all her claims save her Title VII caregiver discrimination allegation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:22cv7012, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Ballou grants the clinic's motion to dismiss. The employee brought this employment discrimination action against his former employer and its associate general counsel, alleging unlawful termination, retaliation, and harassment for seeking a religious exemption from the employer’s COVID-19 vaccination requirement. The employee received a write-up for drafting the religious exemption request during work time, a written warning for attendance and failure to comply with guidelines on January 4, 2022, a final written warning on January 19, 2022, for attendance, and termination on March 23, 2023, for use of profanity in a conversation with a supervisor. The employee has not made factual allegations that he is a protected class member and asserts no facts regarding his religion or the nature of his sincerely held religious beliefs.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv7, Categories: Covid-19, employment Discrimination, employment Retaliation
J. Hall dismisses an employment discrimination complaint against Amazon Fulfillment, who was sued by a Hispanic warehouse worker alleging she was denied a promotion, harassed and fired because of her ethnicity. The court finds she fails to link Amazon’s decisions not to promote her and to later fire her to her ethnicity, and her claim for hostile work environment fails because she provides only one instance that suggests racially motivated harassment.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:21cv3092, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Hall grants summary judgment to a group of New York City transportation police officers and dismisses a former sergeant’s employment retaliation and constructive discharge complaint. His refusal to follow his superiors’ orders did not constitute protected activity, none of the defendants’ actions constituted adverse employment actions and his constructive discharge fails because the last alleged retaliatory action occurred four months prior to his resignation.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:17cv3779, NOS: Employment - Civil Rights, Categories: employment Retaliation
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J. Marks grants, in part, the mayor’s motion to dismiss this employment dispute brought by a former employee of the police department who is a white woman. The employee alleges she was forced to retire due to ongoing “discrimination, harassment, retaliation and bullying,” and she brings numerous claims, including equal protection, conspiracy, invasion of privacy and defamation. The court finds the intercorporate conspiracy doctrine prohibits the conspiracy claim. All other claims proceed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 2:22cv458, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Thompson denies a chemical company’s partial motion to dismiss in this employment dispute brought by a former employee. The employee alleges sex-based discharge discrimination claim after she reported being sexually harassed and sexually assaulted by a male supervisor. The company alleges that the employee fails to exhaust her claim because the EEOC charge did not point to similarly situated comparators who were fired. None of those particulars are required at the charging stage and the evidence so far suffices to defeat the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 2:23cv531, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Bates allows a Department of Homeland Security employee’s race and sex discrimination and hostile work environments claim to proceed, but denies his other retaliation and disability discrimination claims. He was moved from Washington, D.C., to Baltimore after he had an “altercation” with his supervisor.
Court: USDC District of Columbia, Judge: Bates, Filed On: March 29, 2024, Case #: 1:22cv3548, NOS: Employment - Civil Rights, Categories: Civil Rights, Government, employment Retaliation
J. Bennett grants the county’s motion to dismiss this employment dispute brought by a former employee on claims of retaliation and discrimination under the MFEPA and ADA. The employee was a lieutenant firefighter when she was charged with a DUI and after she attended treatment, she returned to work when she was charged with a second DUI. Her claims are unsupported, and the second DUI was legitimately the reason for her termination.
Court: USDC Maryland, Judge: Bennett, Filed On: March 28, 2024, Case #: 1:23cv2076, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, employment Discrimination, employment Retaliation
J. Contreras denies the employee's motion for summary judgment in her suit alleging that she was demoted, reassigned and ultimately terminated in retaliation for her criticisms of her employer's response to the Covid-19 pandemic in early 2020, and partially grant's the employer's summary judgment motion. The employee argues that seven protected disclosures she made led to retaliation, but has only established a prima facie case of retaliation in relation to one of these seven. The employee's First Amendment retaliation claim survives summary judgment, since the employers' relevant, legitimate interests in protecting the release of inmates' and staff's health information are minimal relative to the employee's interest in "shedding light on the deplorable conditions in the D.C. Jail and the ongoing threat to inmate and staff safety." Finally, the employee's motion to file a substantial portion of her filings under seal is granted as to 16 exhibits, but denied as to others, including some which included information designated as confidential by the employer "out of an abundance of caution."
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 28, 2024, Case #: 1:20cv2944, NOS: Other Statutory Actions - Other Suits, Categories: employment, Whistleblowers, employment Retaliation
J. Scullin enters judgment in favor of a local Honda dealership on a female accountant’s disability discrimination claims while preserving her claims for sex-based hostile work environment, retaliation and punitive damages, finding a reasonable jury could conclude she was subjected to sexual harassment in the workplace, her employer was put on notice regarding the behavior and her termination was in retaliation for those complaints.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: March 28, 2024, Case #: 6:21cv43, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Nelson grants a board of education’s motion for summary judgment in this employment dispute brought by a former employee. The employee alleges he was terminated after being refused a pay raise for obtaining his master’s degree, and that other, similarly situated employees received the pay raise. The board cannot be liable for alleged discrimination and retaliation because the superintendent failed recommend terminating the employee. The former employee’s motion for partial summary judgment is denied and his motion for leave to amend his claim to add race discrimination and retaliation claims is granted.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: March 28, 2024, Case #: 1:22cv84, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Lynn dismisses Raytheon employees’ claims of race discrimination based on failure to promote and higher wages paid to non-Black employees. The judge finds several inconsistencies among Raytheon’s claims such as comparison of wages to higher positions, or not receiving promotions for positions that the employees did not actually apply for. All claims are dismissed without prejudice except in the case of one employee, who did not identify a protected activity that led to his retaliation claim.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 3:22cv2675, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Dever grants in part a municipality and a litany of its employees’ motions to dismiss allegations of sex discrimination and ADA violations brought by a former police detective who also served on a county board of education. Most claims are dismissed for failure to state a claim, but a few survive. During his time on the board, the detective accused a male school employee of sexual harassment of two female employees, while he was allegedly involved in a sexual affair with someone else. The detective claims sex discrimination by his supervisor because he was calling out sexual harassment against two women. But his own conduct and his claims that the police department was disorganized and out of control are what led to his termination. Also, the detective has not plausibly argued that his anxiety and depression are disabilities that compromised his ability to work.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:23cv349, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Kays finds for the employer on retaliation claims filed by a white female employee who claims she was fired after refusing to fire a pregnant employee and because she was wrongly accused of sending a racist text message. The employer articulated a legitimate nondiscriminatory reason for terminating the employee. Even if she was not the author of the text message, the employer had valid concerns about her truthfulness because she gave different explanations and excuses regarding the text message.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: March 28, 2024, Case #: 4:21cv75, NOS: Employment - Civil Rights, Categories: employment, employment Retaliation
J. Kahn dismisses a health care provider and various union officials from an employment discrimination and wrongful termination complaint brought by a self-represented hospital employee, who alleges he was denied accommodations for an unspecified disability and was the target of a conspiracy to terminate his employment because he is a practicing Muslim. Many of his claims lack a private right of action or cannot be brought against private individuals, and he fails to list his union as a defendant or identify a disability he reportedly suffers from. The rest of his claims lack any substantive detail to survive dismissal. The court further orders him to prove service was made on the 10 remaining individual defendants or the remainder of his claims will be dismissed.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 28, 2024, Case #: 1:23cv264, NOS: Labor/Management Relations - Labor, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Manasco denies a logistics company’s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company’s failure to notify the employee of his FMLA interference claim. The company argues that the jury’s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury’s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee’s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees, employment Retaliation
J. Murphy grants the school district’s motion for summary judgment against a Black employee’s race discrimination, hostile work environment and retaliation claims. The record lacks direct evidence of discrimination because the employee’s white coworkers were subjected to the same, sometimes difficult, work environment.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: March 27, 2024, Case #: 2:22cv4596, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Schmehl grants in part a tenured associate professor’s partial motion for summary judgment against Kutztown University in this case in which she alleges they improperly denied her request for a remote work accommodation in the fall of 2021 and in the semesters after. While the university’s desire to reopen in 2021 with strictly in-person instruction is understandable, its refusal to consider the professor’s incurable eye disease that puts her at a higher risk of contracting Covid-19 and enforce a blanket no-exceptions policy violated federal disability law.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: March 27, 2024, Case #: 5:22cv1034, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Campbell denies the metropolitan government's motion for summary judgment in this lawsuit brought by an employee in the fire department who asserts claims of sex discrimination and retaliation under Title VII, as well as age discrimination and retaliation under the Age Discrimination in Employment Act, after she was allegedly not promoted to the fire marshal position. The government fails to establish its statute of limitations defense. The employee also provides ample evidence of her qualifications for the job, including that she worked in the fire marshal's office for over 30 years, oversaw the day-to-day operations and was instructed to train the new fire marshal.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 27, 2024, Case #: 3:22cv680, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation