17 results for 'cat:"Due Process" AND cat:"Employment Discrimination"'.
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, employment Discrimination
J. Hurd dismisses claims for due process, age discrimination and equal protection against an Upstate New York municipality and its town board members alleging they unlawfully reduced and altered a retired officer’s medical insurance benefits and subsequently remands his remaining state law claims back to New York Supreme Court. Notably, his due process claim fails because he fails to allege that he has a cognizable property interest in his retiree health benefits.
Court: USDC Western District of New York, Judge: Hurd, Filed On: March 26, 2024, Case #: 5:23cv1467, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, employment Discrimination
J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, due Process, employment Discrimination
Per curiam, the circuit finds the district court improperly granted Amazon's motion to dismiss an employment discrimination claim filed by an employee who experienced exhaustion based on a task he says only men were assigned to because of its physical rigor. The court granted the motion based on failure to state a claim, being there was no ultimate employment decision at question. However, the circuit has previously held that “a plaintiff need only show that [he or] she was discriminated against, because of a protected characteristic." Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 23-10556, Categories: due Process, employment Discrimination, Employment Retaliation
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Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: Education, due Process, employment Discrimination
J. Duffin partially grants the public schools district officials' motion to dismiss a lawsuit from a former employee claiming she was targeted for retaliation and discrimination as a white woman because she opposed the promotion of an unqualified Black male to the position of chief academic officer. The employee's claims under the Fair Labor Standards Act and a Wisconsin labor statute are dismissed, as are her constitutional claims against the district and members of the district's board of directors in their official capacities. Her federal-law race and sex discrimination claims, public records claims against the district and the board, and a First Amendment claim against one board member in her individual capacity survive the motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 19, 2024, Case #: 2:23cv948, NOS: Fair Labor Standards Act - Labor, Categories: due Process, employment Discrimination, Employment Retaliation
J. Quattlebaum finds the lower court improperly dismissed the employee's claims for being time-barred. The university fired the employee in April 2019 after a graduate student submitted a report that the two were dating while she was a student. The employee unsuccessfully appealed the university's decision in June of 2019. Two years later, in May of 2021, she brought federal due process claims within two years of the university's decision to deny her appeal. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: January 9, 2024, Case #: 22-1441, Categories: Education, due Process, employment Discrimination
J. Bunning rules in part for school defendants in employment discrimination claims because the employee failed to demonstrate her due process rights were violated regarding the disciplinary hearing, and claims brought against the superintendent in his individual capacity must be dismissed because any action had been taken against the employee in the superintendent's official capacity. However, sex-based discrimination claims may continue because the employee demonstrated she may have been disciplined more harshly for being a woman.
Court: USDC Eastern District of Kentucky, Judge: Bunning, Filed On: December 4, 2023, Case #: 2:23cv93, NOS: Employment - Civil Rights, Categories: Employment, due Process, employment Discrimination
J. Silva grants the city’s motion to amend the pretrial order in this employment discrimination suit to identify witnesses presented as those most knowledgeable. The employee has been on notice that a “person most knowledgeable” would be called by the city, and the proposed testimony will not be unexpected. The employee has also named one of the witnesses on the city’s witness list, which further demonstrates a lack of prejudice. There is no evidence that the city seeks to amend in bad faith.
Court: USDC Nevada, Judge: Silva, Filed On: November 3, 2023, Case #: 2:21cv198, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Discovery, employment Discrimination
J. Palafox finds a lower court erred in granting no-answer default judgment to a man who had sued his former employer, a car dealership, for alleged employment discrimination and other claims. While a process server for the man was unable to serve the car dealership’s registered agent, he instead served another person, but it is not clear the server exercised “reasonable diligence to effect personal service,” nor did he provide adequate information connecting the served defendant to the car dealership. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 16, 2023, Case #: 08-22-00187-CV, Categories: Civil Procedure, due Process, employment Discrimination
J. Bolden grants the employer's motion for summary judgment, ruling that because the bus driver was provided access to all of the evidence against him and was granted a hearing before his termination, his due process claim fails as a matter of law. Meanwhile, the driver's failure to include disciplinary records of white drivers who were allegedly treated more favorably requires dismissal of his Equal Protection claim because he failed to prove the white drivers were similarly situated.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 29, 2023, Case #: 3:21cv357, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, due Process, employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of a hostile shopping environment, defamation and discrimination against a convenience store’s employee. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out; if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:23cv192, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, due Process, employment Discrimination