289 results for 'cat:"Civil Rights" AND cat:"Employment Discrimination"'.
J. Joseph denies a request by a meat processing plant to dismiss a white Hispanic shift manager’s national origin-based Title VII allegations because she purportedly failed to exhaust those claims at the administrative level before the EEOC. Because the circumstances that led to the manager’s allegations of discrimination at the plant are inextricably linked with her race and national origin, Alford’s national origin claim would “reasonably be expected to grow out of the initial charges of discrimination” based on her race. Therefore, she has administratively exhausted her national origin claims before the EEOC prior to filing suit.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: July 31, 2023, Case #: 3:22cv5758, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Alston denies the trucking company's motion to dismiss for failure to state a claim. The former employee whose boss/uncle allegedly sexually harassed her on a business trip plausibly alleged facts in her complaint sufficient to demonstrate that the harassment (asking about her sex life, touching her, and suggesting intercourse) was pervasive or severe enough to constitute a Title VII hostile work environment claim.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 31, 2023, Case #: 1:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Gordon grants North Las Vegas’s motion for summary judgment in part in this race discrimination suit brought by a Black police officer. He claims he was transferred from his job in recruiting and denied subsequent promotions because he is Black, though he offers only conclusory statements that non-Black officers received preferential treatment with respect to the same. Events surrounding his removal from a 19-year honor guard service, including the effect of an excused leave, could lead a reasonable jury to find that the city’s proffered reasons for removal are pretextual.
Court: USDC Nevada, Judge: Gordon, Filed On: July 28, 2023, Case #: 2:21cv1505, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination
J. Erickson finds a lower court properly dismissed a Black female employee's race discrimination and FMLA claims against her former employer. The former employee argued that her former employer terminated her from the company based on her race and for requesting leave after she developed mental health issues. However, her employer sufficiently showed in court that she left the job early several times without permission, and then abandoned her job by failing to show up for three days without notice. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 28, 2023, Case #: 22-2298, Categories: civil Rights, Employment, employment Discrimination
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J. Alonso denies a plastic packaging manufacturer’s motion to dismiss its former chief financial officer’s claims for age and gender discrimination and wrongful termination. The former CFO of the manufacturer claims she was never offered stock options or a severance agreement like her male colleagues, that her pay was only equalized with the men after she complained multiple times about the discrepancy, and that she was ultimately fired to make way for a much younger CFO. The former CFO has shown adequate standing to make her claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 19, 2023, Case #: 1:22cv3726, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Nagala denies, in part, the employer's motion for summary judgment, ruling the 0.5% pay increase given to the black employee, a raise significantly less than the standard 3% raise, qualifies as an adverse employment action and can establish a prima facie case for discrimination, given that his quantitative performance numbers did not warrant a negative performance review. However, the isolated incidents involving a coworker who played the black employee a rap song with the n-word and claimed he resembled a rapist featured on the news are insufficient to support the employee's hostile work environment claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 17, 2023, Case #: 3:21cv1630, NOS: Employment - Civil Rights, Categories: civil Rights, Evidence, employment Discrimination
J. Pepper orders the employee to file an amended complaint satisfying court requirements and more clearly explaining her claims against the containers company, which seem to allege she was subjected to a hostile work environment and retaliated against for complaining about discrimination employees of color faced at work, particularly in terms of being assigned to lesser tasks. The employee's motion to appoint counsel is denied without prejudice, in part because she has not proven she made reasonable efforts to find a lawyer, and her motion to proceed without prepaying the filing fee is granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 12, 2023, Case #: 2:23cv86, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination
J. Pepper finds in favor of the U.S. Secretary of the Interior and federal government in a lawsuit from a former employee of the U.S. Bureau of Land Management bringing multiple constitutional, criminal and common law claims alleging discrimination and harassment he faced at work. The employee's motion to consolidate this case with another related lawsuit in the same district, one of at least half a dozen pending federal cases he has filed making similar allegations, is denied as unjustified, as is his motion to transfer this case to the Western District of Texas. The employee's motion for an extension of time to respond to the government and secretary's motion to dismiss is partially granted, and he is given until September 15, 2023, to file an amended opposition to the motion to dismiss or notify the court that it can accept the first 30 pages of his February 23, 2023, opposition filing instead.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 11, 2023, Case #: 2:22cv721, NOS: Employment - Civil Rights, Categories: civil Rights, Constitution, employment Discrimination
J. Lawson partially grants the board's motion to dismiss a hostile work environment, retaliation and race and sex-based discrimination action brought by a law professor. The board is entitled to sovereign immunity as a department of the state from the professor's claims under the Elliot-Larsen Civil Rights Act and the Persons With Disabilities Civil Rights Act. The professor, a Black woman, failed to allege sufficient facts to show that the board discriminated against her on the basis of her race, gender or because she was unmarried. However, the professor stated a plausible claim for retaliation based on the suspension of her teaching duties and salary benefits after she made and reported her civil rights complaints.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: July 7, 2023, Case #: 2:22cv12021, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Silver grants a furniture company's motion to dismiss a former employee's race discrimination claims. The former employee, who claimed he was treated differently on the job because he is Black, failed to file his claims within the statute of limitations.
Court: USDC Arizona, Judge: Silver, Filed On: July 7, 2023, Case #: 2:23cv248, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Currault denies a request by a refinery to dismiss a race and gender workplace discrimination complaint by a Black woman who was fired from the plant. The refinery unsuccessfully argued that the woman’s claims are time-barred because she filed suit 18 days after a 300-day deadline for filing an EEOC charge. Based on the undisputed evidence, the ruling cannot establish that the woman failed to timely deliver her EEOC charge. In addition, the fired employee provided factual information regarding her complaints about women having inadequate facilities, e.g. a shower and restroom, as compared to men.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: July 7, 2023, Case #: 2:23cv858, NOS: Employment - Civil Rights, Categories: civil Rights, Evidence, employment Discrimination
J. Jenkins denies the U.S. Postmaster General’s motion for summary judgment on employment discrimination claims brought by a disabled former postal worker. The court finds the worker has adequately alleged that her supervisors at the post office failed to properly accommodate her foot injury, which she received on the job, and that the same superiors conspired to get her fired.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:20cv7406, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, employment Discrimination
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the Department of Rehabilitation Services in this suit brought by the Black district director/counsellor alleging racial discrimination. When the director of workforce programs was promoted, he recommended a white woman to be appointed to his former position. The department did not otherwise solicit for a candidate. The Black district director failed to create a genuine issue of material fact as to pretext for her not being considered. There is no meaningful difference found between the two employee's qualifications and no evidence suggests that any decisions were racially motivated. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 22-60409, Categories: civil Rights, employment Discrimination
J. Stras finds a lower court properly dismissed a railroad employee's race discrimination claims against Union Pacific. The railroad employee argued that she was passed over for a promotion two times because she is Hispanic and over 40- years- old. However, the railroad company presented sufficient evidence in court that her faxed resume was not a job application, and that the proper avenue to apply for an internal job would have been over a workforce management tool. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 3, 2023, Case #: 22-2376, Categories: civil Rights, Employment, employment Discrimination
J. Dishman dismisses the former employee's claims against the individual defendant in this employment discrimination lawsuit. The former employee, who appears pro se and asserts claims arising from his termination as a housekeeper, failed to effect proper service on the individual. Additionally, his breach of contract and violation of public policy claims against the defendant company are dismissed.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:20cv1279, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, Contract
J. Oxley finds that the trial court properly ruled in favor of the school district in a civil rights, retaliation and hostile work environment action brought by the Black teacher's associate alleging that a white teacher engaged in racial discrimination that led to the associate's constructive discharge. The trial court correctly overruled the associate's challenge to the district's peremptory strike of the only Black potential juror. There is not sufficient evidence to show that the strike was motivated by discriminatory intent. The trial court correctly granted the teacher's motion for a directed verdict on individual liability because there was no evidence that the teacher acted as the associate's supervisor. Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: June 30, 2023, Case #: 21-1327, Categories: civil Rights, employment Discrimination, Employment Retaliation
J. Aiken denies summary judgment to the sheriff's office for the deputy sheriff's claim that it fired her for opposing the office's practice of subjecting its female employees to mandatory overtime more often than its male employees. The deputy sheriff plausibly alleges that she and other female employees suffered injury under the office's gender discriminatory conduct, as being at greater risk of falling under mandatory overtime with less predictable circumstances harms morale.
Court: USDC Oregon, Judge: Aiken, Filed On: June 28, 2023, Case #: 6:20cv1440, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination
J. Griesbach finds in favor of the mental health hospital in the employee's lawsuit claiming she was retaliated against and forced to resign from her job because of her pregnancy, including through harassment she faced from a female supervisor who cast her maternity leave in a negative light and asked when she was going to stop getting "knocked up." The employee's sex discrimination and retaliation claims under Title VII and the Pregnancy Discrimination Act fail because she has not brought nearly enough evidence proving she was constructively discharged, in part because there is nothing in the record to suggest the hospital intended to fire her prior to her resigning when she returned from maternity leave, or that her work environment had become intolerable or unbearable. Summary judgment is granted to the hospital and the employee's claims are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: June 28, 2023, Case #: 1:22cv551, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination
J. Block preserves the bulk of a male Latino police officer’s employment discrimination lawsuit brought against the New York Police Department and allows his claims for race and sex-based disparate treatment and hostile work environment to proceed to trial. He sufficiently alleges that his coworkers ridiculed him because he was a tall, handsome and muscular male Latino, calling him a “stud,” forcing him to participate in an arm-wrestling match and telling him he should take his shirt off to get his superiors to like him more.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 14, 2023, Case #: 1:21cv3601, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, employment Discrimination