27 results for 'cat:"Employment" AND cat:"Emotional Distress"'.
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, emotional Distress, employment Retaliation
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, emotional Distress, employment Discrimination
J. Bolden grants, in part, the employer's motion to dismiss, ruling the employee's termination alone is insufficient to establish either negligent or intentional infliction of emotional distress claims, especially considering the employer merely enforced its drug policy when it discovered the employee used prescription painkillers and marijuana to alleviate back pain.
Court: USDC Connecticut, Judge: Bolden, Filed On: March 15, 2024, Case #: 3:23cv1054, NOS: Employment - Civil Rights, Categories: emotional Distress, employment Discrimination
J. Weksler grants the former employee's motion for sanctions. The employee brings claims against AutoZone for sexual discrimination arising from his manager's sexual advances, including taunting the employee with a dildo and masturbating out of range of the store's surveillance cameras. The employee seeks sanctions against AutoZone due to surveillance video showing certain events having been overwritten. Sanctions are appropriate for spoilation, and the court will preclude AutoZone from arguing the video did not corroborate allegations but will allow it to argue it did not show any masturbation.
Court: USDC Nevada, Judge: Weksler , Filed On: March 11, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, emotional Distress, employment Discrimination
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J. Watson grants the sheriff's department's motion for summary judgment, ruling that while the term "ho juice" - used by the male officer when talking about the female dispatcher's perfume - may be considered sexist in isolation, it was made to both male and female coworkers and does not prove a discriminatory intent or support the dispatcher's hostile work environment claim. Additionally, there is no indication the male officer struck the dispatcher on the shoulder because she was pregnant or female, and so that incident also cannot be used to support the hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv203, NOS: Employment - Civil Rights, Categories: employment, emotional Distress
J. Williams denies, in part, the employer's motion for summary judgment, ruling the employee's emotional distress claim must be decided by a jury because if the termination process began when she attempted to return from medical leave, the embarrassment and humiliation from being replaced could support such a claim.
Court: USDC Connecticut, Judge: Williams, Filed On: February 6, 2024, Case #: 3:20cv821, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, emotional Distress, employment Discrimination
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation
J. Nagala grants, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claims are in no way related to the charges raised in her administrative complaint with the Connecticut Commission on Human Rights and Opportunities and, therefore, must be dismissed for a failure to exhaust administrative remedies. Furthermore, the employer's decision to send the employee home on a day where she experienced extreme morning sickness and her ultimate termination for "a lot of medical issues" cannot be used as the basis for an emotional distress claim.
Court: USDC Connecticut, Judge: Nagala, Filed On: December 7, 2023, Case #: 3:23cv684, NOS: Employment - Civil Rights, Categories: Civil Procedure, emotional Distress, employment Discrimination
J. Breder denies as moot a former employee’s motion to enter physical exhibits and the employer’s motion to dismiss the complaint in this employment lawsuit. However, the employee did indicate the that he is “unable to function” due to the incident of being detained and arrested by the employer. The court will grant the employer’s motion to dismiss the amended complaint, giving the employee leave to amend his emotional distress and conspiracy claims only.
Court: USDC Maryland, Judge: Bredar, Filed On: November 30, 2023, Case #: 1:23cv1993, NOS: Employment - Civil Rights, Categories: employment, emotional Distress
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: employment, emotional Distress, Contract
J. Gordon grants Hilton’s motion to dismiss this suit alleging disability discrimination, harassment and retaliation brought by the former employee. Claims focus mostly on conduct by police, who the employee says have harassed and stalked her at Hilton’s direction. The allegations are conclusory and do not plausibly allege extreme and outrageous conduct or severe emotional distress.
Court: USDC Nevada, Judge: Gordon, Filed On: October 23, 2023, Case #: 2:23cv988, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: employment, Negligence, emotional Distress
J. Nagala grants the employer's motion to dismiss, ruling the employees fired for their refusal to receive a Covid-19 vaccination have abandoned all but their emotional distress claims, which must also be dismissed for the lack of evidence of outrageous conduct.
Court: USDC Connecticut, Judge: Nagala, Filed On: September 11, 2023, Case #: 3:23cv253, NOS: Employment - Civil Rights, Categories: emotional Distress, Covid-19, employment Discrimination
J. Castner grants the employer's motion for summary judgment and dismisses the employee's age and disability discrimination claims, along with his claim for intentional infliction of emotional distress. The employee's estate has not established that the employee had an ongoing disability, and taking medical leave for back issues was insufficient to establish a perceived disability discrimination claim. While the estate asserts a prima facie case for age discrimination, the employer has articulated a non-discriminatory reason for his termination and the estate has not sufficiently alleged that this reason was pretextual. Termination is also not sufficiently "extreme or outrageous" conduct to support a claim for intentional infliction of emotional distress.
Court: USDC New Jersey, Judge: Castner, Filed On: August 30, 2023, Case #: 3:20cv1070, NOS: Employment - Civil Rights, Categories: employment, emotional Distress, employment Discrimination
J. Jenkins partially grants McDonald’s motion to dismiss four civil rights claims brought against it by a former high-ranking employee. The former employee, who is Black, worked for McDonald’s for 35 years, including 10 years as its vice president of global safety, security, and intelligence. A public backlash against McDonald’s occurred after its CEO Christopher Kempczinski made racist comments in a text message to former Chicago mayor Lori Lightfoot in response to a Chicago shooting in 2021, and the employee said he faced his own backlash in the company after he criticized Kempczinski for his words. He was eventually terminated after Kempczinski blamed him for an incident in which the CEO was confronted directly by labor union activists in New York. The employee alleged multiple counts in his subsequent lawsuit against McDonald’s, and the court now dismisses two of them: hostile work environment and intentional infliction of emotional distress. The employee’s retaliation and disparate treatment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 22, 2023, Case #: 1:22cv7037, NOS: Employment - Civil Rights, Categories: emotional Distress, employment Discrimination, employment Retaliation
J. Arterton denies, in part, the employer's motion to dismiss, ruling the allegations made by the female employee that her manager stopped cooperating with her and requested sex in exchange for assistance after she ended a consensual sexual relationship are sufficient to allow her hostile work environment claims to proceed. However, the incidents mentioned by the employee, while inappropriate and distasteful, do not rise to the level of egregious behavior required to support her emotional distress claim, which will be dismissed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 16, 2023, Case #: 3:22cv418, NOS: Employment - Civil Rights, Categories: Evidence, emotional Distress, employment Discrimination
J. Kollar-Kotelly dismisses a former foreign service officer's pro se emotional distress claim and $3 million in lost salary demand in connection with the Agency for International Development's alleged failure to investigate a massage-related sexual assault that occurred overseas 10 years prior to when he reported the incident. The district court lacks jurisdiction over his claims under the Federal Tort Claims Act due to the exclusionary remedy provision in the Federal Employees' Compensation Act.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: August 4, 2023, Case #: 1:22cv1414, NOS: Other Civil Rights - Civil Rights, Categories: employment, Tort, emotional Distress
J. Ryu denies in part the marine company's motion to dismiss a seaman's allegations of sexual discrimination. The seaman sufficiently alleges claims against the company for negligence under the Jones Act, unseaworthiness, Title VII retaliation and negligent infliction of emotional distress.
Court: USDC Northern District of California, Judge: Ryu, Filed On: August 1, 2023, Case #: 4:22cv6999, NOS: Marine - Contract, Categories: Maritime, emotional Distress, employment Discrimination
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: emotional Distress, Covid-19, employment Discrimination
J. Rothschild finds that the trial court properly granted an anti-SLAPP motion to a city on its treasurer's defamation claims, but should have also granted the motion on her retaliation-based claims against individual defendants. Votes by the individual defendants that led to ordinances that reduced the treasurer's salary, authority and duties were protected activity. Also, the treasurer is not an employee for the purposes of the employment retaliation statute. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: June 30, 2023, Case #: B320658, Categories: Anti-slapp, employment, emotional Distress
J. Kennelly denies Chicago’s motion for summary judgment on civil rights claims brought by a gay city firefighter. The firefighter alleges he has been subject to homophobic intimidation by his straight coworkers in the fire department, including having gay porn taped to his locker, and that he was regularly sexually harassed by his female superior when he was working in the CFD’s administrative office. The court finds he has sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: May 18, 2023, Case #: 1:20cv2562, NOS: Employment - Civil Rights, Categories: Civil Rights, emotional Distress, employment Discrimination