13 results for 'cat:"Covid-19" AND cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, employment Retaliation
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, employment Retaliation
J. Ballou grants the clinic's motion to dismiss. The employee brought this employment discrimination action against his former employer and its associate general counsel, alleging unlawful termination, retaliation, and harassment for seeking a religious exemption from the employer’s COVID-19 vaccination requirement. The employee received a write-up for drafting the religious exemption request during work time, a written warning for attendance and failure to comply with guidelines on January 4, 2022, a final written warning on January 19, 2022, for attendance, and termination on March 23, 2023, for use of profanity in a conversation with a supervisor. The employee has not made factual allegations that he is a protected class member and asserts no facts regarding his religion or the nature of his sincerely held religious beliefs.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv7, Categories: covid-19, employment Discrimination, employment Retaliation
J. Bredar grants a law firm’s motion to dismiss its former employee’s religious discrimination claims arising from its denial of her religious exemption from the firm’s Covid-19 vaccination mandate. She claims religious discrimination, ADA violations and wrongful termination after refusing to accommodate a religious exemption, even though she agreed to practice all other means of preventative practices in the workplace. The employee fails to plausibly allege the firm’s behavior was discriminatory, but she may file an amended complaint within 21 days.
Court: USDC Maryland, Judge: Bredar, Filed On: March 18, 2024, Case #: 1:23cv2717, NOS: Employment - Civil Rights, Categories: covid-19, employment Discrimination, employment Retaliation
J. Hurd tosses a self-represented New York State Thruway employee’s discrimination and retaliation complaint, finding it fails to allege the agency’s decision to issue him several warnings for refusing to wear a mask around employees during the Covid-19 pandemic, which led to a negative performance review, was motivated by either discriminatory or retaliatory animus.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 11, 2024, Case #: 6:22cv337, NOS: Other Labor Litigation - Labor, Categories: covid-19, employment Discrimination, employment Retaliation
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J. Kacsmaryk denies, in part, Tyson's motion to dismiss a former poultry plant maintenance worker's religious discrimination and retaliation claims. The worker has sufficiently pleaded the company's proposed accommodation for those who refused the Covid-19 vaccination - 1-year unpaid leave or immediate termination - was not a genuine accommodation for his religious objection to vaccines.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: December 8, 2023, Case #: 2:23cv41, NOS: Other Civil Rights - Civil Rights, Categories: covid-19, employment Discrimination, employment Retaliation
J. Meyers grants a biopharmaceutical firm's motion to dismiss religious discrimination and retaliation allegations brought by a former employee after it fired her for refusing to be vaccinated for COVID-19. The firm gave notice to all employees that they needed to be vaccinated unless claiming a religious or medical exemption. After an interview, the firm determined its own undue hardship was greater than hers should she choose not to be vaccinated. Also, the employee filed an EEOC claim but it had no mention of retaliation. Thus, the firm fired her because she had not complied with its policy, not because she put in a request for an exemption.
Court: USDC Middle District of North Carolina, Judge: Myers, Filed On: September 13, 2023, Case #: 5:22cv412, NOS: Other Civil Rights - Civil Rights, Categories: covid-19, employment Discrimination, employment Retaliation