289 results for 'cat:"Civil Rights" AND cat:"Employment Discrimination"'.
J. Ashe dismisses an employment discrimination suit against a now-retired New Orleans Criminal District Judge by a former secretary she fired for recording her conversation, allegedly at the direction of a human resources staffer for the court. The former subordinate reiterates sexual harassment and gender discrimination claims without referencing a constitutional violation as required by Title VII. The secretary alleged the judge gave her a suggestive gift at a Christmas party at the elected official’s home and asked her to spend the night with her and her husband.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: September 22, 2023, Case #: 2:23cv428, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that the district court improperly dismissed the Black female educator's claims arising from a reneged-upon promise to pay for her to attend the Mississippi School Board Association Prospective Superintendent’s Leadership Academy. The court concluded that Title VII of the Civil Rights Act protects employees against only “ultimate employment decisions.” But a recent case before the Fifth Circuit showed that Title VII requires a broader reading and removed the "ultimate decision" requirement. The educator plausibly alleges facts that satisfy adverse employment action requirements. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 21, 2023, Case #: 21-60771, Categories: civil Rights, Education, employment Discrimination
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J. Crabtree grants a City's motion for summary judgment on a captain of a fire department's race discrimination claims. The City sufficiently showed in court that its request for a revised version of his performance evaluation was based on his actions after he took command of a fire, which he deemed a "shit show," and not because he is Black.
Court: USDC Kansas, Judge: Crabtree, Filed On: September 8, 2023, Case #: 6:22cv1032, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Beckerman partially denies summary judgment to the transportation company against the bus operator's Family and Medical Leave Act and Oregon Family and Medical Leave Act claims as part of the bus operator's lawsuit alleging that the transportation company fired him for taking medical leave. There are genuine issues of material fact as the evidence suggests that a doctor never completed the necessary steps for the bus operator's driver's medical examination, the transportation company stopped the bus operator from returning to work and fired him despite the bus operator passing the only complete Department of Transportation (DOT) physical he had before his DOT card expired.
Court: USDC Oregon, Judge: Beckerman, Filed On: September 8, 2023, Case #: 3:21cv768, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Moody grants a hospital’s motion for summary judgment in this matter of alleged sex discrimination and sexual harassment. A nurse who was the subject of multiple incidents of disciplinary action and was assigned to reorientation to improve his job performance, claimed the hospital terminated his employment because he had complained of discrimination and sexual harassment. Evidence is insufficient to support his claims, and it does show the cause for termination to be his unsatisfactory job performance.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: September 1, 2023, Case #: 4:21cv37, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Royal grants the city's motion to partially dismiss a civil rights and employment discrimination action brought by the employee. The employee, a Black woman, claimed she was discriminated against based on her race and unfairly fired. The employee's claims against the directors and Title VII disparate impact, hostile work environment and civil rights claims against the city are dismissed. The civil rights claims are barred by the two-year statute of limitations. The employee failed to allege pervasive harassment existed which altered the conditions of her employment and failed to identify any city policy which had a significant adverse effect on a protected group. The employee's claims for Title VII disparate treatment race discrimination and retaliation may move forward.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 1, 2023, Case #: 3:22cv82, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Wood partially grants several European confectionary companies’ motion to dismiss race discrimination and wrongful termination claims brought by a Black former maintenance employee. The Black former employee claims his white supervisor fired him from his job in the companies’ Illinois production facility for no reason other than his race. The court finds the former employee didn’t exhaust all his non-legal options before pursuing his race discrimination Title VII claim, but allows his successor liability claim against the Italian company that bought the Illinois facility from the Swiss company to stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: August 29, 2023, Case #: 1:19cv7119, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Doughty denies a request by a private security firm to dismiss age-based discrimination complaints by a fired guard who alleges the company failed to act despite knowing his supervisor harassed him, in part, by informing new hire employees that “they are not to listen to anything I have to say because I am old.” Adopting the findings of a magistrate judge’s report, the record indicates the litigant has plausibly alleged sufficient facts for an age discrimination claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 23, 2023, Case #: 3:22cv6165, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Erickson finds a lower court properly granted summary judgment to an employer on a former employee's race discrimination claims. The former employee argued that she was treated poorly and eventually terminated from her role based on her Asian descent. However, the employer sufficiently showed in court that her termination was based on a "legitimate nondiscriminatory reason," and presented sufficient evidence that she was removed from a project for misconduct for discussing a co- worker's weight. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: August 22, 2023, Case #: 22-2592, Categories: civil Rights, Employment, employment Discrimination
[Consolidated]. J. Gruender finds a lower court improperly ruled in favor of an interim superintendent's discrimination claims. The interim superintendent argued that she was wrongfully passed over for a permanent superintendent role for reporting issues within the facility, and that she is entitled to back pay. However, the school district sufficiently showed in court that it is entitled to judgment as a matter of law because she did not engage in protected activities. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 22, 2023, Case #: 22-2067, Categories: civil Rights, Employment, employment Discrimination
J. Robinson grants a State department of corrections center's motion to dismiss a former employee's claims that it fired him over his religious beliefs. The corrections center sufficiently showed in court that the former employee, who was a probationary worker, was let go for refusing to behave in the workplace.
Court: USDC Kansas, Judge: Robinson , Filed On: August 21, 2023, Case #: 6:23 cv 1081, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Jordan denies a county court’s motion to dismiss claims of race discrimination alleged by a terminated white administrator, who says the Black woman that replaced her had less experience yet received higher pay. The county’s board of supervisors is dismissed as a party, but the discrimination claims against the judge survive.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: August 21, 2023, Case #: 3:22cv643, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Employment, employment Discrimination
J. Halpern denies Gap's motion to dismiss an employment discrimination and retaliation suit filed by Black female managers who claim there was an unofficial policy allowing managers to modify employee's time entries up to three minutes if an employee was early or late. The employees were fired for modifying employees' timecards, but claim other non-Black managers made similar adjustments and were not fired. A jury may find that the fired managers engaged in comparable conduct with managers of a different race.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 14, 2023, Case #: 7:19cv3617, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination
J. preserves in part an employment discrimination and retaliation complaint brought by a high school special education teacher alleging he faced discriminatory treatment on the basis that is he is Trinidadian, namely that it failed to provide him access to a men’s or unisex bathroom. He fails to provide any substantive detail that would suggest the school’s actions were motivated by discriminatory animus, but he otherwise paints a clear enough picture that he was terminated at the end of his probationary period on false accusations of lateness in retaliation for his complaints regarding access to his preferred bathroom.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 14, 2023, Case #: 1:22cv3117, NOS: Employment - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Pitman partially rejects efforts by a charter school to dismiss a lawsuit brought by the Black former COO and CFO of the company, who alleged he was wrongfully fired based on his race and in retaliation because he’d reported alleged “discrepancies” in the company’s financial records. That former employee has failed to sufficiently allege that he would not have been terminated but for his race, not least because he simultaneously alleges that he was fired for whistleblowing.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 11, 2023, Case #: 1:21cv334, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination, Whistleblowers
J. Richardson partially grants the defendant staffing company's motion to compel arbitration and to dismiss the amended complaint alleging a violation of the Tennessee Human Rights Act. The job applicant's claim, which relates to a vaccination requirement, will be referred to arbitration, but the claim is "stayed rather than dismissed."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: August 11, 2023, Case #: 3:22cv847, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Ray recommends that FedEx's motion for summary judgment should be denied with regard to the former employee's civil rights and employment discrimination action. There is no evidence that the employee knowingly and voluntarily entered an agreement releasing his Title VII claims against FedEx. The government's motion to dismiss is granted because the employee failed to identify any express waiver of sovereign immunity relative to his claims. The case is stayed pending the district judge's final disposition of the recommendation and two dispositive motions.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: August 8, 2023, Case #: 4:22cv295, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination
J. Rodriguez grants in part a security services company its motion to compel arbitration following race and national origin discrimination allegations brought by a former staff member who is an Ethiopian immigrant. The company has properly established an agreement with the staff member, and so the fact that both parties signed it subjects them to arbitration. However, the action will not be dismissed nor stayed until after arbitration.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 2, 2023, Case #: 1:22cv2409, NOS: Employment - Civil Rights, Categories: Arbitration, civil Rights, employment Discrimination
J. Self finds in favor of the employer in a civil rights, emotional distress and breach of contract action brought by the Christian ex-employee alleging religious-based discrimination. The employee was fired for insubordination after refusing to follow the employer's Covid-19 vaccination policy. The doctor who founded the employer is not an employee subject to the employer's control, therefore the employer does not meet the Title VII definition of "employer" because it did not have 15 or more employees per working day. The employer cannot be held liable under Title VII.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: August 2, 2023, Case #: 3:22cv75, NOS: Employment - Civil Rights, Categories: civil Rights, Covid-19, employment Discrimination
J. D’Agostino dismisses a Title VII employment discrimination complaint brought by a self-represented probationary custodial worker against the Syracuse Regional Airport in which he alleged he was subjected to a hostile work environment, disparate treatment and retaliation stemming from an altercation with a senior coworker who was assigned a preferred work shift. The court finds that the possible utterance of the “n-word” did not arise to a hostile work environment and there was no evidence to suggest the employer’s decision to terminate his employment due to his behavior was racially motivated.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 1, 2023, Case #: 5:20cv1566, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination