19 results for 'cat:"Employment" AND cat:"Equal Protection"'.
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: equal Protection, Jurisdiction, employment Discrimination
J. Dever dismisses with prejudice a former police chief’s motion to amend his complaint against a municipality and certain of its staff members, alleging they discriminated against him because he is Hispanic and blind in one eye. For instance, the town manager allegedly micromanaged the chief and made racist comments to him, such as “[you] should learn to dance the salsa.” The chief also cites not having been given a pay increase at the same time as others in similar positions, although he previously fought this and succeeded. He also claims constructive discharge based on his negative experiences, but the behavior of the manager and others does not rise to the level of discrimination under the 14th Amendment’s equal protection clause.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv446, NOS: Other Civil Rights - Civil Rights, Categories: equal Protection, employment Discrimination, employment Retaliation
J. Thompson grants, in part, a college, its president, and its vice president’s renewed partial motion to dismiss and the chancellor of postsecondary education’s motion to dismiss this unlawful discrimination and retaliation dispute brought buy two former employees. The employees are both Hispanic and allege they were treated differently than their coworkers when denied promotions. The age discrimination declaratory relief against the president, vice president and chancellor in their official capacities are dismissed. The employees’ claim for monetary damages may proceed against the president and vice president in their individual capacities, as can the declaratory relief claim. The employees’ motion for order of substitution to add the interim president in her official capacity is denied as moot.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 3:14cv33, NOS: Employment - Civil Rights, Categories: equal Protection, employment Discrimination, employment Retaliation
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. Crabtree grants a City's motion to dismiss a former employee's equal protection claims. The employee, a municipal judge who underwent monthly infusions for an illness, failed to sufficiently show in court that she could assert a "class of one" claim in the public employment arena.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 25, 2024, Case #: 2:23cv2043, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, employment, equal Protection
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kahn denies in part summary judgment to a New York County sheriff’s department and preserves claims alleging it discriminated against a disabled Black and Puerto Rican corrections officers when it arrested, charged and issued disciplinary charges against her after discovering she had brought her personal cellphone into the county prison, which the prison considers contraband. The court finds a jury could conclude that because a white, non-disabled cook who violated the same policy was not reprimanded to the same degree, a jury could find the prison acted with discriminatory intent. However, her claim for malicious prosecution was dismissed because the prison had reasonable cause to arrest and charge her.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 22, 2024, Case #: 1:18cv941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, equal Protection, employment Discrimination
J. Urias denies, in part, the employer's motion to dismiss, ruling the employee's complaints to HR about discriminatory treatment constitute protected activity, while her negative performance reviews and interrogations by supervisors were undoubtedly adverse employment actions that can be used to support her retaliation claim. However, Supreme Court precedent prevents application of an equal protection "class of one" theory to public employment jobs; therefore, that claim will be dismissed.
Court: USDC New Mexico, Judge: Urias, Filed On: March 11, 2024, Case #: 1:21cv600, NOS: Employment - Civil Rights, Categories: Government, equal Protection, employment Retaliation
J. Suddaby preserves two claims for retaliation and sexual harassment against New York State’s Unified Court System that alleges a family court judge for Broome County sexually harassed two of his personal aides, but limits the claims to misconduct that occurred after the aides’ became official employees of the department following the judge’s reassignment. The court further preserves a single claim for equal protection against the family court judge, finding he is not entitled to qualified immunity in his individual capacity and his behavior could be viewed by a jury as creating a hostile work environment.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 7, 2024, Case #: 3:18cv1476, NOS: Employment - Civil Rights, Categories: Immunity, equal Protection, employment Discrimination
J. Laing grants a university's motion to dismiss a former BBC journalist's Equality Act claims. The journalist and professor argued that the university failed to accommodate his deficit hyperactivity disorder and his request to be promoted to a higher lectureship. However, the university sufficiently showed in court that a creation of a new teaching role on his behalf would have a broad impact on the university's academic structure. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 4, 2024, Case #: CA-2023-1139, Categories: Education, employment, equal Protection
J. Bolden denies the police chief's motion for summary judgment, ruling that because the female police officer was subject to the same disciplinary standards as several male officers with similar misconduct - off-duty domestic disputes - who were not fired, she has stated a plausible equal protection claim that must be submitted to a jury. However, because the female officer presented no evidence of a town policy that sanctioned such discrimination, all claims against the town must be dismissed.
Court: USDC Connecticut, Judge: Bolden, Filed On: February 16, 2024, Case #: 3:22cv331, NOS: Employment - Civil Rights, Categories: equal Protection, employment Discrimination
[Consolidated.] J. Pallmeyer partially grants the Cook County Sheriff’s Office’s motion to dismiss three related suits which claim the office did not do enough to protect jail workers from county detainees’ sexual harassment. Female workers brought two of the cases while a group of male workers brought a third; collectively, over 300 workers said they faced detainees’ threats of sexual violence, unwanted advances and public masturbation. The court dismisses three individual female plaintiffs from the case but otherwise allows all three suits to stand.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 24, 2024, Case #: 1:23cv1390, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment, equal Protection
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. Ruiz denies, in part, the city officials' motion for judgment on the pleadings, ruling no provision in the police officer's CBA covers his Family and Medical Leave Act retaliation claim and, therefore, this court has jurisdiction over the claim, which is not time-barred and was not mooted by a state court settlement.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 29, 2023, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, equal Protection, employment Retaliation
J. Sharpe preserves First Amendment and equal protection retaliation claims brought by a female former special counsel of the New York State Division of Criminal Justice Services against her supervisor. She alleges her supervision demoted her in retaliation for voluntary testimony she provided in an investigation into complaints that he was acting inappropriately towards female employees. The court finds her testimony relate to matters of the state and is therefore protected speech under the First Amendment. As well, the court finds the supervisor’s defenses for her demotion are undercut by allegations that parts of her testimony were corroborated by other employees, which could lead a jury to believe the reasons were pretextual and that her demotion was retaliatory.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: August 25, 2023, Case #: 1:18cv619, NOS: Employment - Civil Rights, Categories: equal Protection, employment Retaliation, First Amendment
J. Nagala denies, in part, the township's motion to dismiss, ruling the female firefighter makes a plausible equal protection claim under a final policy decisionmaker theory of liability based on the conduct of the fire chief, which included removing a portion of the written exam for the assistant chief position so his preferred candidate scored better and refusing to allow the female firefighter to be selected for the final round of interviews despite her qualifications.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 14, 2023, Case #: 3:22cv1094, NOS: Employment - Civil Rights, Categories: equal Protection, employment Discrimination, employment Retaliation
J. Boulee adopts the magistrate judge's recommendation and grants the employer's motion to dismiss a civil rights and retaliation action brought by the employee alleging violations of the Family Medical Leave Act. The employee failed to name the sheriff in the charge of discrimination filed with the Equal Employment Opportunity Commission. The employee failed to show that the exception to the naming requirement applies. He also failed to specify what statutorily protected activity he engaged in. The magistrate judge correctly found that three internal grievances filed by the employee did not constitute protected activity because the employee failed to allege that he was discriminated against on the basis of his gender.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 27, 2023, Case #: 1:22cv2413, NOS: Employment - Civil Rights, Categories: equal Protection, employment Retaliation