156 results for 'cat:"Civil Procedure" AND cat:"Employment Discrimination"'.
J. Rodriguez dismisses a psychiatry professor’s employment, race and gender discrimination claims against the university that formerly employed him. The professor fails to allege claims directly linking another professor’s desire for him to be ousted with the university’s decision to terminate him. He may file his defamation claims against that professor again in state court, but the federal court lacks jurisdiction on those state-law claims.
Court: USDC Southern District of Texas, Judge: Rodriguez, Filed On: September 18, 2024, Case #: 1:24cv24, NOS: Employment - Civil Rights, Categories: civil Procedure, Defamation, employment Discrimination
J. Foschio rules in part for a company accused of firing an employee who complained about racial slurs because the company was allowed to request information about whether the employee failed to disclose he had been convicted of a serious felony, failed to establish indigence to avoid paying attorneys fees, and failed to explain why he contacted a witness 12 days prior to her deposition.
Court: USDC Western District of New York, Judge: Foschio , Filed On: September 18, 2024, Case #: 1:19cv1178, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, employment Discrimination
J. Rivas-Molloy finds that the trial court properly dismissed a former state financial examiner’s employment discrimination claims. The former employee failed to establish a causal link between his statements in opposition to racial discrimination and the agency’s decision to terminate his employment because his statements began two years before his firing. Likewise, even though the agency’s evidence for terminating the employee based on misusing a work credit card may have several weaknesses, the weakness alone is not sufficient to consider it a pretextual reason for termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: September 17, 2024, Case #: 01-22-00712-CV, Categories: civil Procedure, employment Discrimination, Employment Retaliation
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J. Chutkan partially grants the employer's motion to dismiss the employee's suit alleging disability discrimination, retaliation and intentional infliction of emotional distress, but grants the employee's motion for leave to amend her complaint. The employee's claims are at least partially precluded by a prior suit, but she is permitted to bring claims not addressed in that case and to amend her complaint to do so.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: September 11, 2024, Case #: 1:23cv2956, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, Employment Retaliation
J. Casper allows an employer and its agents’ motion to dismiss claims of violation of Massachusetts Personnel Record Law and various civil rights violations including, but not limited to, race and national origin discrimination, by a former employee. The employee’s amended complaint is difficult to parse because it describes unethical conduct without connecting such conduct to specific claims and specific defendants.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 9, 2024, Case #: 1:23cv11197, NOS: Civil Rights - Habeas Corpus, Categories: civil Procedure, Employment, employment Discrimination
J. Lohier finds that the district court properly dismissed discrimination and retaliation claims that stemmed from alterations to the arrangement that allowed an employee to work remotely to care for an ill child. Even though though the employee had not been blocked from using family medical leave, the employer nevertheless discouraged the use of benefits, but the claims were time-barred because the employer's violation was not willful. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: September 9, 2024, Case #: 23-174-cv, Categories: civil Procedure, employment Discrimination, Employment Retaliation
J. Oliver finds that firefighters bringing age discrimination claims against a town for not allowing firefighters who were over the age of 40 when hired to participate in the town’s normal retirement plan have not adequately described a violation of the law. The firefighters did not assert all claims before the Equal Employment Opportunity Commission and other preliminary forums so these claims may not be considered by the court. The town’s motion to dismiss is granted but the firefighters may move to file an amended complaint.
Court: USDC Connecticut, Judge: Oliver, Filed On: September 5, 2024, Case #: 3:23cv808, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Hanks partially grants an employer’s motion to compel a former employee to arbitration for their employment discrimination claims. The two parties had a valid and enforceable arbitration agreement in the employment contract. Even though the employee has trouble reading and writing in English or in any language due to his myopia, his difficulties were not harsh enough to prevent him from understanding the contract. Moreover, the employee could have sought out someone to read it for him, but he chose not to. However, the court denies the employer’s motion to dismiss the claim entirely, instead placing a stay on the proceedings pending arbitration.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: August 27, 2024, Case #: 4:23cv4592, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Arbitration, civil Procedure, employment Discrimination
J. Palafox finds a lower court erred in an employment discrimination suit and, in a substitute opinion, grants a motion for an en banc rehearing brought by a car dealership. Although the employee had previously prevailed in lower court on a no-answer default judgment, the dealership argues it was never properly served and only learned of the suit after the El Paso County sheriff’s department served it with a writ of execution. Indeed, the dealership has raised valid concerns about due process and proper service, as the process server “visited the physical address of the registered agent on only one occasion” and cannot be shown to have exercised “reasonable diligence.” Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: August 26, 2024, Case #: 08-22-00187-CV, Categories: civil Procedure, Due Process, employment Discrimination
J. Hopkins grants, in part, the employer's motion to dismiss, ruling the former president's defamation claim is time-barred because she filed it more than two years after statements made by coworkers and members of the board about her being placed on administrative leave prior to her resignation.
Court: USDC Southern District of Ohio, Judge: Hopkins, Filed On: August 22, 2024, Case #: 1:22cv678, NOS: Employment - Civil Rights, Categories: civil Procedure, Defamation, employment Discrimination
J. Riordan finds that a public school was properly granted summary judgment in claims concerning a teacher who had been fired after a sixth grade student logged into an online classroom only to overhear the teacher talking with her husband, which the student began to record after hearing the teacher mention something about "little assholes." At one point, the teacher refers to another student as that "fucking little kid," while the husband can be overheard saying "good luck with that one" about that student's mother. The teacher filed breach of contract, emotional distress and due process claims, but she failed to exhaust administrative remedies prior to filing the appeal. Affirmed.
Court: Michigan Court of Appeals, Judge: Riordan, Filed On: August 22, 2024, Case #: 364955, Categories: civil Procedure, Due Process, employment Discrimination
J. Marbley denies the employer's motion to compel arbitration, ruling that while the arbitration clause in the female employee's contract is valid, her allegations of sexual harassment and sex discrimination allows her to forego arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 19, 2024, Case #: 2:24cv377, NOS: Family and Medical Leave Act - Labor, Categories: Arbitration, civil Procedure, employment Discrimination
J. Long grants a school’s motion to dismiss employment and disability claims made by one of their former employees. The employee, acting pro se, failed to bring sufficient proof that her depression could be considered disabling. And even if it would be disabling, nothing she alleged directly linked her depression to the school’s decision to terminate her employment.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: August 19, 2024, Case #: 2:23cv3505, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Education, employment Discrimination
J. Lake adopts the magistrate’s recommendations, granting a restaurant company’s motion to dismiss workplace discrimination and wage-and-hour violation claims by a former employee. The employee’s claims allege that she was terminated not for her race, but out of a bias towards the owner’s friends and family and for lodging complaints about insufficient tips. Likewise, her wage-and-hour claims stem not from any actual overtime, but from alleged insufficient tips and issues with the restaurant’s tip-pooling system. The court grants the former employee leave to file an amended complaint regarding her wage-and-hour claims, but all other parts of her initial complaint are dismissed.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: August 16, 2024, Case #: 4:23cv4267, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, Employment, employment Discrimination
J. Rosenthal grants a staffing firm’s motion for summary judgment in a sex and race discrimination and hostile work environment case. The former employee failed to demonstrate that the company’s reason for terminating her employment, that she refused to do her job duties, was a pretext for sex or race discrimination or was retaliatory in nature. Likewise, an increased or allegedly unreasonable workload is not sufficient to prove a hostile work environment.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: August 15, 2024, Case #: 4:22cv2559, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, Employment Retaliation
J. Barbier denies the city’s motion to dismiss sexual harassment and sex discrimination claims by one of their police officers. Because the officer was employed by the transit authority, which is a subdivision of the city police, the transit authority can be considered her employer for the purpose of an employment lawsuit. Even though the officer wrongly used the term “joint employer” in her suit, her claims may continue in court.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 12, 2024, Case #: 2:23cv1848, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, employment Discrimination
J. Robinson finds that the district court properly declined to compel arbitration over state and federal claims alleging gender-based hostile work environment and retaliation. Arbitration had been granted in keeping with the employment contract but was vacated on reconsideration based on the continuing violation doctrine because her claims accrued following the effective date of new litigation ending forced arbitration in sexual assault and harassment actions. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 12, 2024, Case #: 23-658-cv, Categories: Arbitration, civil Procedure, employment Discrimination