6 results for 'cat:"Employment" AND cat:"Military" AND cat:"Employment Retaliation"'.
J. Robertson grants summary judgment to the U.S. Department of the Army in this employment discrimination lawsuit, alleging age and gender discrimination. The employee fails to show that her non-selection for a promotion was based on a retaliatory motive. Also, the government has shown that an interview panel recommended another candidate for the vacancy "based on the quality of his interview performance."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: January 29, 2024, Case #: 6:19cv437, NOS: Employment - Civil Rights, Categories: employment Discrimination, military, employment Retaliation
J. Clement finds the district court improperly granted summary judgment to the Army as to the septuagenarian civilian doctor’s retaliation claims after he resigned during an investigation into his removal and replacement by a younger doctor as chief of surgery. The doctor has established a case for retaliation by alleging he was removed, had clinical privileges placed in abeyance, was reassigned to report to a younger supervisor and had his career threatened if he refused to resign. He has raised a genuine dispute of material fact as to whether he was subject to constructive discharge. The Army has demonstrated a legitimate, nondiscriminatory and non-pretextual reason for removing the doctor, and summary judgment is proper as the discrimination claims. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Clement, Filed On: October 24, 2023, Case #: 22-30756, Categories: employment Discrimination, military, employment Retaliation
J. Chutkan denies, in part, the Secretary of the Department of the Navy's motion to dismiss an employee's employment discrimination action. The employee has sufficiently pleaded allegations to support her claim for hostile work environment based on her race and sex.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: September 25, 2023, Case #: 1:20cv3015, NOS: Employment - Civil Rights, Categories: employment Discrimination, military, employment Retaliation
J. Douglas finds the district court properly found in favor of the school district in this suit brought by the former middle school assistant principal and Army Reservist who was disciplined because of parental complaints. The school board voted not to renew his contract after an investigation into his improper behavior regarding student discipline for illegal drugs. He says he was fired for taking military leave, and, at trial, the jury found the reservist’s responsibilities played a role in the board’s decision. Judgment was entered in favor of the board being that the text of the Uniformed Services Employment and Reemployment Rights Act provides employers with a mixed-motive defense. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: July 17, 2023, Case #: 22-20363, Categories: Education, military, employment Retaliation
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