22 results for 'cat:"Employment Discrimination" AND cat:"Contract"'.
J. Hanks finds that neither claimant in a transportation dispute involving produce loads delivered crushed or at the incorrect temperature has met requirements to recover damages. The transporter of the produce claimed that defendant had discriminated against him based on his race and interfered with another contract after the damaged produce incident, but the discrimination claims are insufficient, and the transporter has not provided verification of the contract. The supplier claims damages from lost produce loads but fails to prove that the damaged produce was the result of the transporter’s negligence.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:20cv4236, NOS: Employment - Civil Rights, Categories: Employment, Interference With contract, employment Discrimination
J. Bunning rules in part for an employer in discrimination claims because evidence indicates the employee was fired for insubordination, not due to his race. However, the employee may continue claims contending the contract was violated when his job duties were altered prior to termination.
Court: USDC Eastern District of Kentucky, Judge: Bunning, Filed On: March 6, 2024, Case #: 2:22cv26, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, contract
J. Rowland denies a Chicago YWCA’s motion to dismiss contract breach and race discrimination claims brought by the founder of “World of Money," a financial tutoring program for children of color. The YWCA incorporated World of Money as one of its own programs in 2020, hiring the founder as its executive director. However, despite claiming World of Money as its own, the YWCA did not financially support the program or hold up the founder’s attempts to broaden it, then abandoned it entirely in 2023. The founder has adequately alleged her race discrimination and contract breach claims.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 26, 2024, Case #: 1:23cv2821, NOS: Other Contract - Contract, Categories: employment Discrimination, contract
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J. Williams grants, in part, Yale University's motion for summary judgment, ruling the former chief of cardiovascular medicine cannot make a plausible contract claim related to his removal from that position after sexual assault allegations. His employment agreement with the university guaranteed only his job as a professor. However, because the removal of several honorific titles and endowments after the allegations could be considered an adverse employment action under precedent from the Second Circuit Court of Appeals, the sex discrimination claim will proceed.
Court: USDC Connecticut, Judge: Williams, Filed On: January 17, 2024, Case #: 3:19cv1547, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, contract
J. Barker grants, in part, the employers' motion to dismiss, ruling the former CFO's failure to execute a release agreement at the end of his employment or present evidence he completed all requirements of his employment contract requires dismissal of the contract claim related to severance and vacation pay. Meanwhile, the CFO's decision to lump all the employers together in the aiding and abetting discrimination claim requires dismissal of that claim because if all the employers took part in the discriminatory conduct, it is not possible for them to aid and abet themselves in the same discriminatory conduct.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 12, 2024, Case #: 1:23cv986, NOS: Employment - Civil Rights, Categories: employment Discrimination, contract
J. Mahan grants the brothel’s motion for summary judgment in this putative class action arising from alleged failure to pay overtime, wait time penalties, unpaid breaks, hostile work environment, discrimination, constructive discharge and interference with contracts. The brothel has provided evidence that the employees’ profit depended on their managerial skills, including while working for other brothels. They negotiated their own prices, could promote online and book more clients, work more hours and earn more profit by their own efforts.
Court: USDC Nevada, Judge: Mahan, Filed On: October 16, 2023, Case #: 2:19cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Employment, employment Discrimination, contract
J. Hicks grants the mining company’s motion for summary judgment in this employment discrimination suit. The former employee was fired for failing to follow safety protocols and bypassing equipment safety features, which resulted in the partial amputation of his finger. He was not hired thereafter by a subcontractor which contracted with the mining company after giving his resume to someone associated with the subcontractor. This person never submitted the resume. The former employee failed to demonstrate the existence of a prospective contractual relationship between himself and the subcontractor. There are no genuine issues of material fact.
Court: USDC Nevada, Judge: Hicks, Filed On: September 29, 2023, Case #: 3:20cv34, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: employment Discrimination, contract
J. Castner partially grants the employer and its vice president's motion for summary judgment in the employee's suit against them alleging race discrimination, in which the employer has brought a number of counterclaims related to the employee's acceptance of bonuses meant to incentivize him to move to Boston and subsequent failure to move to Boston. Both of the employee's race-discrimination claims are dismissed since the employer has shown that its stated reason for termination of the employee, dishonesty, was nondiscriminatory and not pretextual, and the employee's arguments that the vice president harbored racial bias toward him are not sufficient to show that his termination resulted from that alleged racial animus, if it existed. The employer and vice president are also granted summary judgment on one of their two breach-of-contract counterclaims, since they have established that the employee's offer letters constitute express contracts and the employee's arguments that the doctrine of unclean hands bars recovery fails along with his race-discrimination claims. Equitable estoppel also does not apply. Summary judgment is not appropriate for a second breach-of-contract claim, since factual disputes remain as to whether a second bonus was claimed improperly. Summary judgment is similarly denied for counterclaims of unjust enrichment and breach of good faith and fair dealing.
Court: USDC New Jersey, Judge: Castner, Filed On: August 31, 2023, Case #: 3:20cv4336, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, contract
J. Bredar denies a health care management minority business enterprise its motions for an emergency restraining order and preliminary injunction against a care coordination provider. The provider contracted with the enterprise as part of a larger project with the state department of children’s health services. The provider refused to renew the subcontract with the enterprise due to alleged poor performance. The enterprise claims the provider is discriminating against it as a Black business. However, this motion is unlikely to succeed because the enterprise shows no actionable evidence of discrimination.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:23cv1937, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, contract, Injunction
J. Carr grants the employer's motion for summary judgment, ruling any factual disputes about discrimination experienced by the black employee are irrelevant because she failed to file her complaint within the 6-month statute of limitations included in her signed employee handbook. The employee claims she never read the handbook, but that is also irrelevant because she signed the document, which included the 6-month limitation in capitalized and bolded lettering.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 27, 2023, Case #: 3:20cv1992, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, employment Discrimination, contract
J. Broderick finds a hospital properly terminated the employment of a doctor. The doctor was diagnosed with several degenerative disorders and was on a leave of absence to seek medical treatment. After the expiration of his leave, the hospital terminated the doctor’s employment, finding that he could no longer perform the duties of his job. Though the doctor claims he was discriminated against due to his disability and the hospital breached his employment contract, the instant court agrees with the hospital and finds the doctor is unable to perform his duties, even with reasonable accommodation, without affecting the safety of the patient. Finding no discrimination or breach of contract, the instant court grants the hospital’s motion for summary judgment and the doctor’s claims are dismissed.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: July 25, 2023, Case #: 17cv9606, NOS: Employment - Civil Rights, Categories: Employment, employment Discrimination, contract
J. Dishman dismisses the former employee's claims against the individual defendant in this employment discrimination lawsuit. The former employee, who appears pro se and asserts claims arising from his termination as a housekeeper, failed to effect proper service on the individual. Additionally, his breach of contract and violation of public policy claims against the defendant company are dismissed.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:20cv1279, NOS: Employment - Civil Rights, Categories: Civil Rights, employment Discrimination, contract
J. Gonzalez dismisses with prejudice a former L’Oreal vice president’s employment discrimination lawsuit brought against the beauty company claiming age discrimination, fraudulent inducement, negligent misrepresentation and breach of contract. He fails to allege that the company acted with discriminatory animus when it offered him a contractor arrangement in exchange for early retirement, to which he willingly agreed.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 13, 2023, Case #: 1:22cv427, NOS: Other Contract - Contract, Categories: Fraud, employment Discrimination, contract
J. Brennan grants the employer's motion for summary judgment, ruling the employee's contract claim fails because none of the alleged breaches mentioned in his complaint are included in any of the terms of his divisional supervisor agreement with the employer. Meanwhile, although a supervisor made two comments about the fact the employee is of Middle Eastern descent, they were sporadic in nature and insufficient to support a discrimination claim, especially considering the employer had a legitimate reason to fire the worker.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 30, 2023, Case #: 1:20cv271, NOS: Employment - Civil Rights, Categories: Evidence, employment Discrimination, contract
J. Wilkins finds the district court improperly dismissed a former department vice president's claims against the nonprofit she worked for regarding its CEO's reference to her as toxic after she was fired in breach of the parties' severance agreement and non-disparagement clause. There is evidence the clause applies to the nonprofit and its officers, she has plausibly alleged the breach of contract was racially driven and that the comments were discriminatory. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: May 25, 2023, Case #: 22-7004 , Categories: Employment, employment Discrimination, contract