26 results for 'cat:"Employment" AND cat:"Government" AND cat:"Employment Retaliation"'.
J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: Civil Procedure, government, employment Retaliation
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: government, Interference With Contract, employment Retaliation
J. Cogburn grants the U.S. Postal Service’s motion to dismiss wrongful termination claims under Title VII brought by a former employee whom the service accused of theft. The employee denied the charge, but after an investigative interview, the service fired him. He was advised to sue the service federally within 90 days, but instead, he did so through state court 14 months later. Because he admitted the untimeliness of this, the service is granted dismissal.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:23cv747, NOS: Employment - Civil Rights, Categories: employment, government, employment Retaliation
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: government, employment Discrimination, employment Retaliation
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, government, employment Retaliation
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J. Bates allows a Department of Homeland Security employee’s race and sex discrimination and hostile work environments claim to proceed, but denies his other retaliation and disability discrimination claims. He was moved from Washington, D.C., to Baltimore after he had an “altercation” with his supervisor.
Court: USDC District of Columbia, Judge: Bates, Filed On: March 29, 2024, Case #: 1:22cv3548, NOS: Employment - Civil Rights, Categories: Civil Rights, government, employment Retaliation
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: government, Due Process, employment Retaliation
J. Urias denies, in part, the employer's motion to dismiss, ruling the employee's complaints to HR about discriminatory treatment constitute protected activity, while her negative performance reviews and interrogations by supervisors were undoubtedly adverse employment actions that can be used to support her retaliation claim. However, Supreme Court precedent prevents application of an equal protection "class of one" theory to public employment jobs; therefore, that claim will be dismissed.
Court: USDC New Mexico, Judge: Urias, Filed On: March 11, 2024, Case #: 1:21cv600, NOS: Employment - Civil Rights, Categories: government, Equal Protection, employment Retaliation
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Groh grants the town and its mayor's motion to dismiss the former police chief's retaliatory discharge suit claiming the mayor terminated his employment after he discovered that town officials and employees were abusing their authority. The mayor is entitled to qualified immunity since the former chief cannot cite any factual basis for the mayor's alleged abuse of power or how it violated clearly established law. Also, the former chief's Monell claim against the town fails since he did not provide any factual details on any policy the mayor or other city officials may have violated and the harm they caused.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: January 16, 2024, Case #: 3:22cv145, NOS: Employment - Civil Rights, Categories: Civil Rights, government, employment Retaliation
J. Calabrese grants the employer's motion for summary judgment, ruling the employee's First Amendment retaliation claims fail as a matter of law. Although the gender pay disparity issue involved a matter of public concern, she failed to raise it before the board of commissioners until a hearing when she expressed other frustrations with her supervisor that involved issues related only to their work relationship, a hearing that took place more than five months after the pay gap issue arose.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: January 16, 2024, Case #: 1:18cv522, NOS: Employment - Civil Rights, Categories: government, employment Retaliation, First Amendment
J. Sharpe denies motions for summary judgment a female special prosecutor and inspector general’s two remaining employment retaliation claims against her employer, the New York agency that advocates for people with special needs. The court finds there are triable issues as to whether her complaint regarding a sexual relationship between her supervisor and one of his subordinates was alleging quid pro quo sexual harassment and whether or not the retaliation she suffered, including being excluded from meetings, constituted adverse employment actions.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: December 18, 2023, Case #: 1:19cv1446, NOS: Employment - Civil Rights, Categories: government, employment Retaliation
J. Guidry denies a request by the Louisiana State Police to dismiss Title VII racial discrimination claims by a white former lieutenant who alleges two less qualified, non-white lieutenants were promoted ahead of him to captain in the department’s gaming enforcement division. The department unsuccessfully argues that although the lieutenant may have held the highest examination grade and had the most years-in-service, he was not necessarily more qualified because he had “no actual gaming experience.” While this may be true, and while the department may ultimately prevail, the lieutenant has set forth plausible allegations that he suffered race discrimination.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv772, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Abelson grants the postmaster general his motion to dismiss allegations of race discrimination and retaliation brought by a potential employee. The potential employee, a Black man, was terminated from the FDA and argues he was denied employment at the Postal Service due to his race and national origin. In his amended discrimination claim, he fails to add factual allegations that the postmaster took adverse action by hiring someone less qualified and based on his previous employer’s performance review; this is dismissed with prejudice. He also failed to state a claim for retaliation.
Court: USDC Maryland, Judge: Abelson, Filed On: December 8, 2023, Case #: 1:21cv2709, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Morrison denies, in part, the commission's motion to dismiss, ruling the attorney's allegations of being terminated without warning or cause shortly after she complained of sex discrimination sets forth a plausible claim for age discrimination retaliation. However, the two individual commissioners are entitled to qualified immunity on the attorney's civil rights claims because no state law required them to investigate her claims of discrimination independent of the commission as a whole.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 1, 2023, Case #: 2:23cv940, NOS: Employment - Civil Rights, Categories: government, Immunity, employment Retaliation
J. Farris finds the lower court improperly denied a city’s motion to dismiss an employee’s claims of race discrimination and hostile work environment, but properly denied dismissal for her retaliation claim. An employee filed suit claiming she was discriminated against at work based on her race and was subjected to a hostile work environment, but the evidence is insufficient to support her claims. The lower court properly dismissed the City’s motion regarding the employee's retaliation claim as the City failed to state why it should be dismissed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00676-CV, Categories: government, employment Discrimination, employment Retaliation
J. Underhill denies, in part, the revenue department employees' motion to dismiss, ruling proof of an injury to one's marital relationship is not required to bring a plausible claim for infringement of the right to familial association, and so the husband's claim of retaliation stemming from the termination of his wife after he provided legislative testimony critical of the department may proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 21, 2023, Case #: 3:21cv1372, NOS: Other Civil Rights - Civil Rights, Categories: government, employment Retaliation, First Amendment
J. Lioi grants the county's motion for summary judgment, ruling the race discrimination claim must be dismissed because the only allegation of direct discrimination - that police officers would not accept the black employee because of his race - was disproven via discovery. Furthermore, internal disputes about how to address racial inequity within the sheriff's office were not protected speech for the purpose of the employee's retaliation claim because they were part of his job as diversity coordinator, not a matter of public importance.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:21cv1638, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly entered summary judgment in favor of Veterans Affairs in this suit brought by a VA medical center nurse alleging national origin discrimination and retaliation. The nurse is a naturalized U.S. citizen from Nigeria who was fired for misrepresenting facts about an alleged on-the-job injury in a complaint to the Equal Employment Opportunity Commission. He alleged that he had been assaulted by a coworker, with security video of the event showing no assault or even physical contact. The nurse failed to create a genuine factual dispute that he was fired by reason of his national origin or in retaliation for protected activity. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 7, 2023, Case #: 22-20336, Categories: government, employment Discrimination, employment Retaliation
J. Scarsi finds in favor of the Secretary of the U.S. Department of Transportation Pete Buttigieg for the Marine veteran’s retaliation claim, which alleges that the manager of the Santa Ana Systems Support Center terminated his probationary period because she allegedly did not understand that the veteran had to fly business class for a work trip because of an unforeseen complication. Buttigieg and the manager provide multiple pieces of evidence that the termination was justified because the veteran violated FAA rules and regulations multiple times, including returning from training in Oklahoma City via business class instead of economy class, not being forthcoming with the manager during the subsequent meeting, and performing unauthorized maintenance on the Santa Ana and Fullerton RTDS and the Fullerton airport Voice Recorder System.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 26, 2023, Case #: 8:19cv875, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: employment, government, employment Retaliation