1,138 results for 'cat:"Employment" AND cat:"Employment Retaliation"'.
J. Rosenberg grants the employer's motion to dismiss. The former employee alleges negligent infliction of emotional distress, sexual harassment, and violations of the Civil Rights Act. As a patient service supervisor, the employee was demoted, and her pay was reduced after she declined her supervisor's obvious romantic advances. She was later terminated. The former employee has not alleged severe of pervasive harassment. That the supervisor told her that his wife was out of town and offered to lift her to reach coffee on a high shelf does not rise to the necessary level of severity to proceed.
Court: USDC Southern District of Florida, Judge: Rosenberg , Filed On: May 16, 2024, Case #: 9:24cv80117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment Retaliation
Per curiam, the appellate division finds that the lower court properly granted the employer's motion to dismiss an employment retaliation suit. The employee failed to show that "malevolence" was the sole motivation for his demotion after an internal investigation found he had engaged in workplace discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02753, Categories: employment Retaliation
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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. Henderson grants the employer's motion for summary judgment, ruling the employee's FMLA interference claims fail. He was allowed to go on leave immediately after he injured his shoulder, while his reinstatement was denied as a result of a lack of "light duty" jobs required because of restrictions from his doctor. Meanwhile, the invasion of privacy claim based on the use of a private investigator to ascertain whether the employee performed manual labor tasks outside of work while on medical leave must also be dismissed. The investigator was in public view the entire time he recorded the employee and did not trespass on private property to obtain the footage.
Court: USDC Northern District of Ohio, Judge: Henderson, Filed On: May 15, 2024, Case #: 5:23cv1446, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Privacy, 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
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. Gwin grants the city's motion for judgment on the pleadings, ruling the police officer's state and federal discrimination claims must be dismissed for a failure to exhaust his administrative remedies. He has yet to receive a "right to sue" letter from the EEOC. Meanwhile, because the officer details the actions of only a single individual in his complaint regarding an alleged conspiracy to remove him from the rank of commander, his civil conspiracy claim fails.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: May 13, 2024, Case #: 1:23cv2193, NOS: Employment - Civil Rights, Categories: Civil Procedure, 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. Brailsford grants a city and mayor's motion for summary judgment regarding a former city public works director's First Amendment retaliation claim and state-law claim for violation of the Idaho Protection of Public Employees Act. The former director claims that the mayor asked him to resign after he backed a different candidate for mayor, then tried to get the city council to remove him from his position, excluded him from work, and removed some of his work responsibilities, leading the director to resign. The director has not presented sufficient evidence of retaliation. His communications advocating for a city administrator position, which would alter the mayor's job responsibilities, were not protected speech because they were spoken in his capacity as a public employee. The director does not assert that his work conditions were intolerable and has not provided evidence that he felt compelled to resign.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 10, 2024, Case #: 4:22cv366, NOS: Employment - Civil Rights, Categories: employment, 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. Block grants judgement to the New York City Transit Authority on a former bus maintainer’s employment retaliation complaint. He claims it refused to rehire him after a jury returned a verdict in his favor on claims that he was fired after reporting a document adorned with Nazi symbols at a workplace copier machine. The court finds the decision not to rehire him was not retaliatory, as the maintainer fails to present any evidence that suggests those involved in the decision knew of his lawsuit.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 10, 2024, Case #: 1:21cv4255, NOS: Employment - Civil Rights, Categories: employment Retaliation
J. Coleman finds the court of appeals erroneously determined the employee could not bring wrongful termination claims after she was fired for reporting patient abuse at the long-term care facility. While the public policy exception in Mississippi law gives an exception for unlawful "acts of an employer," the language also necessarily covers the acts of a co-worker, like the one who abused the patient in this case; therefore, the jury verdict in favor of the employee will be reinstated. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: May 9, 2024, Case #: 2022-CT-188, Categories: Health Care, employment Retaliation