9 results for 'cat:"Government" AND cat:"Employment Discrimination" AND cat:"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. 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. 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
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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. 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