2,131 results for 'cat:"Employment Discrimination"'.
J. Korman amends a previous opinion and denies a petition for panel rehearing. In the amended opinion, the panel affirmed a district court summary judgment in favor of the City of Stockton, California in an employment discrimination action under Title VII and California’s Fair Employment and Housing Act. The employee alleged that he was terminated from his position as fire chief for the City of Stockton based upon his religion and, specifically, his attendance at a religious leadership event. The former fire chief did not present sufficient direct evidence of "discriminatory animus" concerning his termination. Affirmed.
Court: 9th Circuit, Judge: Korman , Filed On: May 17, 2024, Case #: 22-15485, Categories: Employment, employment Discrimination
J. Atchley grants the circuit court clerk's motion to dismiss his second counterclaim, in which he seeks attorney fees related to a previous lawsuit against him involving "identical allegations" of sexual harassment. The court finds that dismissal of the counterclaim is appropriate under Rule 21, as it "does not resolve the entire action." Additionally, the court will deny the clerk's request for partial summary judgment as to his first counterclaim, which also seeks attorney fees.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 16, 2024, Case #: 3:20cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, employment Discrimination, Attorney Fees
J. Peterson partially grants the department of corrections' (DOC) motion to dismiss the DOC employees' complaint alleging that the DOC wrongfully denied them accommodations and fired them for not complying with a new state requirement for the Covid-19 vaccination. The DOC employees abandoned some of their claims, and their remaining claims fail because they do not make any factual allegations of ongoing violations now that the proclamation has been rescinded and they do not state what specific religious actions the proclamation prohibited.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 16, 2024, Case #: 3:23cv6186, NOS: Employment - Civil Rights, Categories: Covid-19, employment Discrimination, Class Action
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J. Erickson finds a lower court properly dismissed a former employee's gender discrimination and retaliation claims against his employer. The transportation services employee, who is white, argued that his employer failed to investigate and take action when a Black female co-worker harassed him by rubbing her backside on him and stated, "You know you look good without clothes on." However, his employer sufficiently showed in court that it submitted a written disciplinary warning against the co- worker on his behalf, and that his eventual termination months later was not part of the investigation. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 16, 2024, Case #: 23-1242, Categories: Civil Rights, Employment, employment Discrimination
J. Clark denies the postal service's motion to dismiss for improper service a former employee's pro se suit alleging race, sex, and age discrimination. The employee shall properly serve the postal service with summons and complaint no later than June 14, 2024.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: May 15, 2024, Case #: 4:23cv1186, NOS: Employment - Civil Rights, Categories: Civil Procedure, employment Discrimination
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. Robinson grants a vison company's motion for summary judgment concerning age discrimination claims brought by a former employee. The vision company sufficiently showed in court that the former employee, a division manager, was let go after he engaged in falsifying field coaching reports while overseeing a team of account managers.
Court: USDC Kansas, Judge: Robinson, Filed On: May 15, 2024, Case #: 2:22cv2336, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, employment Discrimination
J. Du denies the former mail processing clerk's motion for judgment on the pleadings. The Equal Employment Opportunity Commission ruled against the clerk after she complained of working conditions when diagnosed with diabetic neuropathy, finding she was not similarly situated to co-workers with resting accommodations because they worked part-time. Her manager changed her duties to allow her to sit down or use a rest bar periodically throughout the day after the USPS received a letter from the employee's physician. The USPS has not yet filed an answer to the complaint, and the pleadings have not closed; therefore, the motion is premature. The USPS's motion for dismissal of the employee's claims for race and disability discrimination is granted with leave to amend.
Court: USDC Nevada, Judge: Du , Filed On: May 15, 2024, Case #: 2:23cv397, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Health Care, employment Discrimination
J. Robinson grants a vison company's motion for summary judgment concerning age discrimination claims brought by a former employee. The vision company sufficiently showed in court that the former employee, a division manager, was let go after he engaged in falsifying field coaching reports while overseeing a team of account managers.
Court: USDC Kansas, Judge: Robinson, Filed On: May 15, 2024, Case #: 2:22cv2336, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, employment Discrimination
J. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: Civil Procedure, Jurisdiction, employment Discrimination
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
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. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Evidence, employment Discrimination
J. Cogburn grants a health insurance marketplace’s motion to dismiss race discrimination allegations brought by a senior benefits advisor after her supervisor used the N-word during a meeting. The adviser, a Black woman, reported the incident to a higher-up and confronted her supervisor directly to no avail. She argues that equitable tolling should apply to her time-barred filing of her revised complaint because the marketplace agreed to mediation, so she voluntarily withdrew her initial complaint. However, the marketplace agreed to arbitration, not mediation, and regardless this should not have had any influence on the advisor’s decision to withdraw the initial complaint. Equitable tolling will not be applied.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv791, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, employment Discrimination
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. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, employment Discrimination
J. Hanen finds that an employee, who claims that his employer discriminated against him based on his race by failing to promote him and by terminating his employment, has not shown evidence of unequal treatment. The employee had received several valid complaints from other workers and he was not replaced by someone from a non-protected class so the employee has not met his burden to provide evidence of discrimination. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: May 14, 2024, Case #: 4:22cv1523 , NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Covid-19, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Covid-19, employment Discrimination