493 results for 'cat:"Civil Rights" AND cat:"Employment"'.
J. Rothstein remands the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. Therefore, the applicant lacks Article III standing and the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Jurisdiction
J. Rothstein remands the job applicant's complaint alleging that the equipment company did not include the wage scale, salary range or general description of benefits for its job openings in violation of Washington state law. A job posting that does not provide compensation information is a technical violation, which by itself does not create concrete injury. Because the applicant lacks Article III standing, the court lacks subject matter jurisdiction and the case must be remanded to superior court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:24cv175, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Jurisdiction
J. Conner denies a medical center’s motion to dismiss an employee’s FMLA and ADA claims. The employee adequately alleged that she was forced to use continuous leave following an injury, rather than be provided light duty work, and that her employment and benefits were adversely affected after she exercised her FMLA rights.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: May 8, 2024, Case #: 1:23cv1696, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Ada / Rehabilitation Act, employment
J. Wyrick grants the government defendant’s motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate “for failing to achieve a passing grade,” fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for “very different reasons,” meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: civil Rights, employment, employment Discrimination
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J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Bennett grants the commission’s motion to dismiss this employment dispute brought by a former employee alleging wrongful termination and retaliation after she complained that an external speaker used the word “negro” during a presentation. She claims retaliation in violation of the Maryland Fair Employment Practices Act and Title VII, but fails to plausibly allege she was engaged in a protected activity or an adverse action. The court finds she cannot cure her defects by amending her complaint. Therefore, the clerk shall close this case and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Bennett, Filed On: May 1, 2024, Case #: 1:23cv2492, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation
J. Mehalchick denies a nursing home’s motion for summary judgment concerning a former employee’s Fair Labor Standards Act claim alleging a failure to pay overtime compensation. There is a question of material fact as to whether the former employee’s primary duty was managerial and thus exempt from overtime compensation. The former employee’s motion for partial summary judgement for liquidated damages was also denied since the decision would be merely advisory.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 1, 2024, Case #: 3:22cv828, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, employment, Erisa
J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Class Action
J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. Lasnik dismisses a lawsuit in which the former chief of inventory management for King County Metro Transit accuses the county of not accommodating her religious exemption to the Covid-19 vaccine mandate, placing her on administrative leave and then firing her. The former chief did not give the county timely notice of a religious conflict, because she makes no attempt to explain how a Covid-19 vaccine injection qualifies as a defilement of God's temple while vaccine injections for other illnesses do not, and she acknowledges that neither injections nor vaccines are forbidden in her belief system.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 29, 2024, Case #: 2:23cv823, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Covid-19
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: civil Rights, Education, employment Discrimination
J. Cogburn denies a food production company’s motion for summary judgment following allegations of retaliation brought by a former delivery driver. After several work-related injuries and complaints about being pushed to work beyond the accommodations recommended by her doctor, the driver unbuckled her seat belt to roll a window down to talk to another driver who was yelling at her. She then replaced her seat belt. Not long after, the company fired her, citing her violation of their strict seat belt policy. Based on the timing, the driver has sufficient evidence to proceed on the argument that her violation was pretext to her being fired for requesting accommodations.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:21cv655, NOS: Other Labor Litigation - Labor, Categories: civil Rights, employment, employment Retaliation
J. Hanen finds that evidence does not support an employee’s claims that his prior employer retaliated against him by investigating his conduct after he made complaints about discrimination. There is evidence that the employer initiated the investigation into personal expenditures charged by the employee to the company credit card before the employee made complaints of discrimination so the investigation could not have arisen as a retaliatory action. The employer’s request for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 25, 2024, Case #: 4:22cv3454, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment Discrimination
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: civil Rights, Evidence, employment Discrimination
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, employment Discrimination, employment Retaliation
J. O’Connor finds that an attorney who claims that she was not promoted because she is female did not show that her employer’s reason for not promoting her is pretextual. The attorney’s claims that the qualifications of person hired for the position were exaggerated do not meet the requirement for pretext to a discriminatory decision that any reasonable employer would find the protected class member’s qualifications are superior. However, the attorney’s claims for failure to promote based on her age can proceed. The employer’s motion to dismiss claims of discrimination based on sex are granted but the motion to dismiss based on age is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 24, 2024, Case #: 4:23cv566, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination
J. Estudillo amends the employee's judgment to $5,400 in economic damages for her complaint alleging that the supervisor and the city did not prove her promotional opportunities and fired her because of her gender. The supervisor and the city agree with the employee's contention that the parties stipulated to economic damages if the jury found liability for the retaliation claim, which they did.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 23, 2024, Case #: 3:19cv5002, NOS: Employment - Civil Rights, Categories: civil Rights, employment, Damages
J. Woods grants the employer's motion for summary judgment in an employment discrimination suit. The employee does not present sufficient evidence to support a claim she was fired for being a Black, female, Seventh-Day Adventist. Further, the negative comments she heard from supervisors were not connected to the employee's religion, race, or sex and were not objectively severe enough to support a hostile work environment claim.
Court: USDC Southern District of New York, Judge: Woods, Filed On: April 23, 2024, Case #: 1:22cv9554, NOS: Employment - Civil Rights, Categories: civil Rights, employment
J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment