40 results for 'cat:"Employment" AND cat:"Employment Discrimination" AND cat:"Labor"'.
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Johnson denies summary judgment to a maintenance company on its argument a black employee’s racial bias claim should be dismissed. His supervisor allegedly referred to him with racist profanity with another employee outside the litigant’s presence. The Fifth Circuit recognizes that while "a single instance of a racial epithet does not, in itself, support a claim of hostile work environment,” perhaps “no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as [the N-word] by a supervisor in the presence of his subordinates.”
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: May 8, 2024, Case #: 3:22cv560, NOS: Employment - Civil Rights, Categories: Evidence, employment Discrimination, labor
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, employment Discrimination, labor / Unions
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: employment, employment Discrimination, labor / Unions
J. Kendall grants an elevator mechanic union’s motion for summary judgment on a union member’s claims against it. The union member claims the union actively sabotaged his attempt to win his job back from his former employer, and protected the discriminatory behavior by his former employer that resulted in his termination. The court finds that all available evidence points to the union making a good faith effort to help its member, despite his claims to the contrary.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:20cv7696, NOS: Labor/Management Relations - Labor, Categories: employment Discrimination, labor / Unions, labor
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J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: Civil Rights, employment Discrimination, labor / Unions
J. Griggsby grants, in part, an employer, its member company and a labor union’s motion to dismiss this employment dispute brought by a, Black employee. The employee alleges he was refused a promotion because of his race and over the age of 40. His complaint is time-barred but there are sufficient facts to state a plausible claim against the union.
Court: USDC Maryland, Judge: Griggsby, Filed On: March 7, 2024, Case #: 1:23cv1439, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
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 that the district court properly granted a union dismissal of claims contending an employee's grievance over the amount of office space she was required to clean had not been taken to arbitration on grounds that she was Hispanic. The employee failed to demonstrate the union acted with animus by choosing to arbitrate a similar grievance filed by a non-Hispanic coworker because the coworker's claims concerned greater surface are and constituted a stronger complaint. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 22-2753-cv, Categories: employment Discrimination, labor / Unions
J. O'Connor denies, in part, a pilots' union's motion to dismiss a female pilot's discrimination action. She sufficient pleads her claims for sex discrimination and retaliation.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 14, 2024, Case #: 4:23cv851, NOS: Railway Labor Act - Labor, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Valderrama partially grants a labor union’s motion for summary judgment on one of its former business agents’ race discrimination, harassment and retaliation claims. The union fired the business agent on the basis that it discovered he had a disqualifying felony record, but the agent himself argued this was pretextual and that the actual reason he was fired was because he is Black and complained about his coworkers’ racist attitudes. The court finds there is insufficient evidence to support the agent’s race discrimination and retaliation claims, but allows his racial harassment claim to go forward.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 19, 2024, Case #: 119cv3351, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Kays dismisses a former Black female detective's claim that the police union refused to provide her legal representation on the basis of her race and sex. There are no allegations that the union was acting under color of state law or conspired with the Kansas City police deparment, so it cannot be liable for civil rights violations under section 1983. Further, the union had a non-discriminatory reason for not providing her legal counsel, namely that the plan excludes coverage for actions taken outside the scope of her employment as a police officer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: January 17, 2024, Case #: 4:20cv920, NOS: Employment - Civil Rights, Categories: employment Discrimination, labor / Unions
J. Benton finds a lower court improperly ruled in favor of a labor relations board on unfair labor practices brought by a group of a small business maintenance company employees. The labor relations board argued that it properly terminated 17 maintenance employees after discovering a screwdriver left inside of a jet engine. However, the board's decision may have been based on suspicion. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: December 6, 2023, Case #: 22-2958, Categories: employment, employment Discrimination, labor / Unions
J. Friot grants summary judgment to the former employer as to the claims brought by one of the individual plaintiffs in this lawsuit alleging gender discrimination and a failure to pay overtime wages. The former employer provides a legitimate basis for the employee's termination, and the former employee fails to establish pretext, specifically on a disparate treatment theory. Additionally, the former employee failed to "keep track of the overtime hours she worked."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: employment Discrimination, labor
J. Friot grants the former employer's motion for summary judgment as it relates to one of the individual plaintiffs in this suit alleging gender discrimination and a failure to pay overtime. The employer has provided a legitimate basis for the former employee's termination, and the employee fails to show that the reason was pretextual. Additionally, she testified that she did not know how much overtime she worked "for which she was not compensated."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: employment Discrimination, labor
J. Drozd denies, in part, the state corrections department’s motion to dismiss a female worker’s employment discrimination action. Contrary to the department's argument, she did not fail to exhaust her remedies for her claims under the Rehabilitation Act, the California Fair Employment and Housing Act and state labor code.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: October 11, 2023, Case #: 2:20cv2207, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, labor
J. Matsumoto adopts a magistrate judge’s report and dismisses a seven-count labor law, employment discrimination and whistleblower retaliation suit brought by senior management of the Girl Scouts of America’s Suffolk County branch, claiming the organization’s board of directors and executive board targeted them for retaliation after they opposed what they suspected were acts of fraud, accounting irregularities, ethical issues and other violations. In regards to their claims under the National Labor Relations Act, the court finds it lacks jurisdiction. However, the court grants them one final opportunity to amend their employment discrimination claims alleging the company’s actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 2:21cv7153, NOS: Employment - Civil Rights, Categories: employment Discrimination, Whistleblowers, labor
J. McFarland denies the employer's motion to dismiss, ruling the employee's race discrimination and retaliation claims are based on federal law outside the scope of the collective bargaining agreement between the employer and the union and, therefore, are not preempted by the National Labor Relations Act or barred by the relevant statute of limitations.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:23cv12, NOS: Fair Labor Standards Act - Labor, Categories: Preemption, employment Discrimination, labor / Unions
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: Civil Procedure, employment Discrimination, labor
J. Lin remands to the King County Superior Court the former animal keeper's claim that the zoo denied her, an Asian woman, a promotion and forced her to resign because she voiced concerns about the zoo's employee diversity. The former animal keeper's Washington Law Against Discrimination claims are substantive rights under Washington law, and they do not have to be interpreted by the collective bargaining agreement to be resolved.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 23, 2023, Case #: 2:23cv627, NOS: Labor/Management Relations - Labor, Categories: Jurisdiction, employment Discrimination, labor