742 results for 'cat:"Employment Discrimination" AND cat:"Employment Retaliation"'.
J. Whitney partially grants an insurance company and a sheriff their motions for summary judgment following gender discrimination and retaliation allegations brought by a former staff member at the sheriff’s office. In her opposition to the company’s and sheriff’s motions, the staff member makes no mention of the company nor her retaliation claim, apparently abandoning them both. As to these claims, summary judgment is granted. However, as to her gender discrimination claim against the sheriff, there are still genuine issues of fact, so summary judgment is denied.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 15, 2024, Case #: 3:23cv246, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Alvarez finds that an employee who claimed that his employer discriminated against him based on his age and race has not provided sufficient evidence of constructive termination. The employee was moved to another position after he complained about harassment from other workers. The employee claimed that the move and the performance plan that the employer placed him on was a discriminatory attempt to motivate him to quit. However, because the employee performed well in the new position, it was the same pay and there is no indication that it was a demotion there is no basis for constructive termination. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: May 15, 2024, Case #: 7:23cv102, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
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J. Delgado-Colon denies Southwest's motion to dismiss the retaliation claim filed by a black, female, non-Spanish-speaking employee working in Puerto Rico who made several administrative complaints alleging racial discrimination. She sufficiently alleges she was suspended and later terminated after complaining to her supervisor of discrimination, supporting claims of retaliation.
Court: USDC Puerto Rico, Judge: Delgado-Colon, Filed On: May 15, 2024, Case #: 3:21cv1328, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Austin grants the mining business' motion for summary judgment as to the employee's sexual harassment claim only. The female truck driver alleges a driver she was assigned to ride with during training sexually harassed and assaulted her, and also claims a shovel operator made a sexist comment and urinated in front of her. Disciplinary action was taken after she reported the events, though she was eventually terminated after passing performance evaluations and she received complaints from other workers regarding her unsafe habits. Because appropriate action was taken upon the driver's reports of harassment, the evidence supports summary judgment. However, evidence the driver complained of harassment only two and a half months prior to termination supports the conclusion that a reasonable jury could find the company retaliated against her.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: May 15, 2024, Case #: 3:22cv3328, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Hanen finds that an employee, who claims that his employer discriminated against him for based on a disability when the employer fired the employee after he requested accommodation that would allow him not to wear a mask because of his asthma, has not proven that this was the cause of his termination. The employer presented evidence that the employee was terminated for a separate incident of insubordination and the employee has not met his burden to prove that there was a mixed motive or that the motive was related to the mask mandate. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: May 14, 2024, Case #: 4:21cv3324, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Proctor denies, in part, the board of trustees, an employee relations representative and an administrative employee’s motion for summary judgment in this employment dispute stemming from a former research scientist from Iran alleging discrimination, harassment and retaliation after she was arrested for an altercation with a supervisor. She alleges racial and national origin harassment and retaliation claims. She fails to exhaust her administrative prerequisites or presented enough evidence making her discrimination and harassment claims viable against the board, but the termination is an adverse action that sustains her retaliation claims.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 14, 2024, Case #: 2:21cv1302, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Atchley dismisses this employment discrimination lawsuit following a bench trial. The employee sought prospective injunctive relief against certain individual defendants, alleging discrimination and retaliation under the Age Discrimination in Employment Act, in connection with her reassignment to "a position she felt was less desirable." However, she failed to introduce evidence of her age or show a "proper comparator."
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 13, 2024, Case #: 3:21cv270, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. DeGiusti denies the former employee's motion for partial summary judgment in this lawsuit stemming from the termination of her employment. Specifically, the former employee contends that she is entitled to judgment on her retaliation claim under the Fair Labor Standards Act. However, she presents "evidence of two distinct retaliatory motivations for her termination," and her motion also fails to address "the issue of each defendant's liability."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 13, 2024, Case #: 5:22cv917, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Harjani partially grants Veterans Affairs’ motion for summary judgment on one of its former social worker’s claims that the VA didn’t honor her multiple disability accommodations. The court tosses several of the former social worker’s failure to accommodate, age and sex discrimination, retaliation and hostile work environment claims, but finds factual disputes preclude judgment on other, similar allegations.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: May 13, 2024, Case #: 1:20cv2710, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Kirsch finds for a company in claims contending a marketer had been fired for reporting racial discrimination and interference with family medical leave because she failed to rebut nondiscriminatory reasons for termination provided by the employer. Meanwhile, claims contending the employee had been wrongfully removed from the list of nominees for the president's award should be dismissed as time-barred, and evidence does not support claims that supervisors acted with racial animus. Finally, the record does not indicate the employee's discrimination complaints had any connection to employees who investigated her for compliance violations.
Court: USDC New Jersey, Judge: Kirsch , Filed On: May 13, 2024, Case #: 3:20cv4991, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, employment Retaliation
J. Cavanagh finds that coworkers of the husband of a corrections employee were allowed to continue discrimination claims after the wife filed retaliation claims against the state department of corrections. The husband, who was also employed by the department, experienced alleged retaliation due to his wife's action, and his coworkers, who were also his friends, were terminated in the fray.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 10, 2024, Case #: 164862, Categories: employment Discrimination, employment Retaliation
J. Trauger grants the defendant company's summary judgment motion in this lawsuit brought by a former employee under Title VII and Section 1981, alleging discrimination and retaliation. As to retaliation, the court does not find that the employee engaged in protected activity. As to discrimination, she does not show that the company's "proffered reason for the termination decision was pretextual."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 10, 2024, Case #: 3:22cv299, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, employment Discrimination, employment Retaliation
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, employment Discrimination, employment Retaliation
J. Leinenweber denies the defendant behavioral therapy provider’s motion to dismiss ADA discrimination claims brought by an autistic former employee. The court finds the former employee has sufficiently alleged that she was demoted, and then pushed to quit, by the company’s unwillingness to accommodate her needs as a person with autism.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: May 8, 2024, Case #: 1:23cv3707, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Bennett grants the police department’s motion to dismiss this employment dispute brought by a former Black police officer alleging race discrimination, hostile work environment, retaliation, Monell, and violations of civil rights and the Maryland Fair Employment Practice Act. The police department alleges the employee failed to exhaust her administrative remedies and her complaint is time-barred after an investigation was opened on her for a fight while off-duty. The court finds her EEOC charge was filed in timely manner, her Title VII claims appear to be time-barred. Her complaint is dismissed for failure to state a claim upon which relief can be granted, but she has 15 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: May 8, 2024, Case #: 1:23cv2215, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Quereshi denies, in part, the United States Department of Treasury and a supervisor in this employment dispute brought by a former employee claiming national origin discrimination, retaliation, hostile work environment and constructive discharge. She alleges numerous times she was assigned more work than other coworkers, ignored, criticized, insulted by her supervisors and not selected for promotions before her forced retirement. The employee is granted leave to file an amended complaint with the appropriate details of her discrimination, hostile work environment and constructive discharge claims.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 8, 2024, Case #: 8:23cv1699, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, Labor / Unions
J. Moon grants the city's motion for summary judgment in an employment discrimination suit. A female firefighter sued the city, claiming she experienced discriminatory treatment from her superiors and that her superiors opened a retaliatory investigation into her conduct, resulting in her demotion. There is no evidence of her employers treating male coworkers differently; they, too, are required to provide a doctor's note if taking sick leave, and there is no evidence of them making statements about women not belonging in the fire service. A feeling of disrespect is not a substitute for evidence of discriminatory treatment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: May 7, 2024, Case #: 6:23cv32, Categories: employment Discrimination, employment Retaliation
J. Richardson grants the defendant company’s motion for summary judgment in this case brought by a former employee asserting certain state-law employment related claims, including retaliatory discharge under the Tennessee Workers’ Compensation Law and discriminatory discharge under the Tennessee Disability Act. As to the former employee’s two claims, which both stem from his termination, the court concludes that there are no issues of fact and that the employer is “entitled to judgment as a matter of law.”
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: May 7, 2024, Case #: 3:22cv87, NOS: Other Labor Litigation - Labor, Categories: Employment, employment Discrimination, employment Retaliation