9 results for 'cat:"Constitution" AND cat:"Employment Discrimination"'.
J. Rabner finds that the appellate division improperly rejected an employee's constitutional challenge in claims contending she had been prohibited from talking about an internal sexual harassment complaint she filed against a supervisor because a duration had not been imposed upon the request that witnesses and involved parties refrain from discussing the case, and the request concerned a large swath of protected speech. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 6, 2024, Case #: A-40-22, Categories: constitution, employment Discrimination
J. Meerveld grants a request by a chemical plant, dismissing complaints of First Amendment violations by a self-represented former employee of American Indian descent. The company is a government contractor but not a “government actor” and, therefore, his First Amendment claim fails. Further, he has failed to allege facts sufficient to support a Title VII claim for a hostile work environment based on race, racial discrimination or retaliation, or for disability discrimination related to an alleged brain injury.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: March 14, 2024, Case #: 2:23cv23, NOS: Employment - Civil Rights, Categories: constitution, Ada / Rehabilitation Act, employment Discrimination
J. Duffin partially grants the city and city officials' motion to dismiss the former city planning and development director's lawsuit alleging the officials conspired to force him out of his job for political reasons based on false accusations involving an incident in which he repeated a racial slur a citizen had previously said during a public meeting. In part because the director has sufficiently pleaded that he was labeled as a racist and targeted for retaliation because he is a heterosexual white male and the officials were intent on "boosting Diversity, Equity, Inclusion and Belonging programs," his hostile work environment, disparate treatment and equal protection claims against the city and the officials will proceed, except for equal protection claims against two officials. The director's First Amendment prior restraint claim against the city survives, but the same claim against the individual officials is dismissed. His First Amendment retaliation claim is dismissed in its entirety, as are all of his official capacity claims against the individual officials.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: March 11, 2024, Case #: 2:23cv1048, NOS: Other Civil Rights - Civil Rights, Categories: constitution, employment Discrimination
J. Gonzalez tosses an employment discrimination lawsuit that alleges a property manager wrongfully terminated a janitor due to an unspecified disability. His Americans with Disabilities Act claims are untimely, and his Eighth Amendment claim for what he calls “cruel and inhumane employee punishment” also fails because such claims apply only against state actors, not private parties. He also fails to allege his union breached its duty of fair representation under the Labor Relations Management Act when it denied his grievance regarding his wages.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 5, 2024, Case #: 1:23cv385, NOS: Employment - Civil Rights, Categories: constitution, employment Discrimination, Labor / Unions
Per curiam, the circuit finds the district court improperly denied a cancer center's motion to dismiss. The employee does not dispute the cancer center is entitled to sovereign immunity from her age discrimination suit, being it is managed by the public University of Texas. But she supports her assertion it has waived immunity with reference to sex discrimination law, not constitutional age discrimination law. Also, the center's acceptance of federal funding does not waive immunity from discrimination suits. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-20423, Categories: constitution, Health Care, employment Discrimination
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J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: constitution, Covid-19, employment Discrimination
J. Pepper finds in favor of the U.S. Secretary of the Interior and federal government in a lawsuit from a former employee of the U.S. Bureau of Land Management bringing multiple constitutional, criminal and common law claims alleging discrimination and harassment he faced at work. The employee's motion to consolidate this case with another related lawsuit in the same district, one of at least half a dozen pending federal cases he has filed making similar allegations, is denied as unjustified, as is his motion to transfer this case to the Western District of Texas. The employee's motion for an extension of time to respond to the government and secretary's motion to dismiss is partially granted, and he is given until September 15, 2023, to file an amended opposition to the motion to dismiss or notify the court that it can accept the first 30 pages of his February 23, 2023, opposition filing instead.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 11, 2023, Case #: 2:22cv721, NOS: Employment - Civil Rights, Categories: Civil Rights, constitution, employment Discrimination