2,118 results for 'cat:"Employment Discrimination"'.
J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, employment Discrimination, Employment Retaliation
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J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination
J. Carnes finds that the district court improperly found in favor of the employer in an action brought by the deaf employee alleging that the employer violated the ADA by failing to provide him with a sign language interpreter on several occasions and by failing to give him text message summaries of nightly pre-shift safety meetings. A factfinder could reasonably find that the employee's inability to understand or participate in the meetings adversely affected the terms of his employment. There is also evidence that the employee's ability to participate in disciplinary proceedings involving attendance issues was also an essential part of the job which affected his pay raise. Reversed.
Court: 11th Circuit, Judge: Carnes, Filed On: May 24, 2023, Case #: 21-13083, Categories: Ada / Rehabilitation Act, employment Discrimination
J. McShane denies summary judgment to the department of corrections for the corrections officer's claim that another officer sexually assaulted her, leading her to resign when rumors circulated that she consensually slept with the other officer to advance her career. A jury could reasonably assume that the corrections officer's co-workers retaliated against her for filing her complaint because the rumors and hostile work environment happened on a regular basis for nearly a year, to the point that she had to take leave multiple times to handle her anxiety and panic attacks, and the department of corrections' refusal to investigate the rumors could be construed as retaliation.
Court: USDC Oregon, Judge: McShane, Filed On: May 23, 2023, Case #: 6:21cv1267, NOS: Employment - Civil Rights, Categories: employment Discrimination, Whistleblowers, Employment Retaliation
J. Neals rules against Catholic schools accused of giving a Jewish teacher a poor review and failing to take meaningful action after he complained that students had been throwing coins at him and about a swastika that had been carved into his classroom chalkboard and anti-Semitic comments that had been written on desks and furniture. A reasonable jury could find find that severe and persistent discrimination occurred based on the graffiti and coin throwing, as well as one student's plan to get a cake for Hitler's birthday, and the swastika remained in the classroom despite the teacher's numerous attempts to address it. Meanwhile, at least two teachers and three administrators visited the classroom throughout the year without noticing the graffiti or conduct, despite reports from other students about the anti-Semitism.
Court: USDC New Jersey, Judge: Neals, Filed On: May 23, 2023, Case #: 2:18cv16498, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination
J. Mannion allows an employee, a Black, 75-year-old truck driver, to continue age and race discrimination claims concerning his termination. The employee and a younger, white driver had received the same traffic citation when a Pennsylvania state trooper pulled them over for speeding while they were hauling water together. When the employer learned about the incident, the employee had been fired after being scapegoated for a guardrail collision he had not caused, while his coworker got off with a warning. The employer failed to provide evidence of the employee's involvement in the collision, and his vehicle showed no signs of damage.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 23, 2023, Case #: 3:20cv2126, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination
J. Calabrese grants the employer's partial motion to dismiss, ruling the employee's wrongful disclosure claim under the Americans with Disabilities Act fails as a matter of law. The company's questions about her Covid-19 vaccination status, religious beliefs, and past vaccinations were not inquiries used to determine whether she was disabled. Meanwhile, Louisiana law applies to the employee's discrimination claims, which differs from Ohio law through the availability of punitive damages, because she worked and sustained her injuries in that state; therefore, that portion of her suit will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 23, 2023, Case #: 5:22cv2281, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Choice Of Law, employment Discrimination
J. Carney finds in favor of the U.S. Department of Veteran Affair for the former blind rehabilitation specialist’s claim that she was fired from her probationary position at the Tibor Rubin VA Medical Center’s Blind Rehabilitation Center because she is a brown-skinned Hispanic who raised concerns about disparate workplace treatment, patient wait times and faulty equipment. The former employee does not show that the “legitimate, nondiscriminatory, nonretaliatory” reasons for her termination were pretextual, because they were based on her poor work performance and disrespectful conduct.
Court: USDC Central District of California, Judge: Carney, Filed On: May 22, 2023, Case #: 8:21cv1283, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, Employment Retaliation