95 results for 'cat:"Employment" AND cat:"Evidence" AND cat:"Employment Discrimination"'.
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. Sargus denies Lowe's motion for summary judgment, ruling that while the store manager's poor performance gave it a legitimate reason to fire him, its decision to terminate him less than 10 days into a performance improvement plan and "shifting justifications" for his termination - including his response to a store fire while he was on vacation and the acceleration of his performance improvement timeline - would allow a reasonable jury to consider its reasons a pretext for age discrimination.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: May 2, 2024, Case #: 2:22cv4162, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
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. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: Civil Rights, evidence, employment Discrimination
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: evidence, employment Discrimination, employment Retaliation
J. Norton denies Boeing's motion to dismiss an age discrimination suit. The employee, who is over the age of 40, says a supervisor lowered his evaluations after the employee reported his antagonistic behavior. The employee says the supervisor also altered his job title in order include him in a list of workforce reduction layoffs. Allegations the supervisor changed the employee's job title, that the only other people laid off were 53 and 55, and that the employee was replaced with younger employees are sufficient to make a plausible claim for age discrimination.
Court: USDC South Carolina Aiken, Judge: Norton , Filed On: March 27, 2024, Case #: 2:23cv2631, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, 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
J. Guidry finds for a downtown New Orleans taxing district, dismissing its white former security guard’s Title VII complaint concerning his black supervisor’s alleged continual breakroom tirades against racist white people, the K.K.K., Donald Trump and "'racist white police officers that shoot [b]lack people because they hate them’.” Even assuming the supervisor’s remarks can constitute race-based harassment, the conduct the ex-officer alleges pales in comparison to the kind of verbal harassment circuit courts have held support a Title VII hostile workplace claim.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 19, 2024, Case #: 2:21cv1323, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, Police Misconduct
J. Nagala grants the employer's motion for summary judgment, ruling that while the black employee was qualified for the school district's director of transportation position, he does not dispute the candidate who was ultimately hired was more qualified and had more relevant experience. Furthermore, the comments made in a newspaper that labeled him "lazy" and a "slacker" are not race-based and were made by an individual who was not intimately involved with the hiring process.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 18, 2024, Case #: 3:21cv925, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Epley finds the lower court properly granted the school district's motion for summary judgment on race discrimination claims filed by a black employee. She failed to establish a prima facie case for discrimination, given that she was not replaced with an employee outside her protected class and the district had legitimate reasons not to renew her contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 15, 2024, Case #: 2024-Ohio-979, Categories: Education, evidence, employment Discrimination
J. Seabright partially denies summary judgment to the university in a dispute with its women’s softball head coach, who claims the school refused to pay her the full salary for head coaches, despite paying male coaches more. The coach established that she and the male coaches, including her predecessor, were similarly experienced and were classified as part-time, just as she was, despite the university claiming her lower pay was based on the job status. The coach’s retaliation claims, however, meet the burden for summary judgment as there is no evidence that she suffered negative consequences for reported the pay gap, as was even promoted to head coach after the initial complaints.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 13, 2024, Case #: 1:22cv400, NOS: Employment - Civil Rights, Categories: Education, evidence, employment Discrimination
J. Graham denies the employer's motion for summary judgment, ruling the employee's failure to apply for another position with the company is not fatal to his age discrimination claim. He was told by his manager at the time of his termination there were no open positions and the company was "headed in a different direction." Meanwhile, the employer's claim the employee was not "up to the challenge" of a shift in his position is contradicted by evidence in the record, including that the employee met all increased sales goals prior to his termination; therefore, the employee has established a prima facie case for discrimination.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 12, 2024, Case #: 2:22cv2369, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Helmick grants the employer's motion for summary judgment, ruling the Hispanic employee cannot establish a prima facie case for race discrimination. He cites only one allegedly racist comment from a coworker - a remark disputed by the coworker, made about wearing a sombrero - while the employer had several legitimate reasons to fire him, including repeatedly showing up late to work and threatening a coworker following a disciplinary meeting.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: February 13, 2024, Case #: 3:21cv1551, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, employment Retaliation
J. Knapp grants the employer's motion for summary judgment, ruling any of the female employee's claims of gender-based retaliation or harassment that occurred before November 9, 2019 are time-barred based on the filing date of her EEOC complaint. Additionally, although the employee undoubtedly engaged in protected activity when she reported alleged discrimination and filed the EEOC complaint, her failure to comply with an expectations sheet implemented after previous disciplinary issues gave the employer a legitimate reason to fire her.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: February 9, 2024, Case #: 5:21cv1573, NOS: Employment - Civil Rights, Categories: Civil Procedure, evidence, employment Discrimination
Per curiam, the circuit finds the district court properly dismissed the black IT specialist's retaliation claims. The employee resigned in protest after being passed over for a promotion, which the university accepted, viewing it as an impulsive attempt to negotiate his position. The employee showed no evidence the reason was pretext for discrimination, but only points out inconsistencies in the employment application of the black woman who was hired. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-60246, Categories: evidence, employment Discrimination, employment Retaliation
J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: evidence, employment Discrimination, Military
J. Dick grants summary judgment to a chemical plant and against a 5-year employee diagnosed with hypertension who was fired for excessive absenteeism. The worker who admits he did not take his blood pressure medication until five years after his diagnosis requested accommodations for his condition that were unreasonable. The Americans with Disabilities Act does not require an employer to allow an employee to miss work or come in late without prior notice or explanation, nor does it require a business to rewrite its attendance policy to accommodate an employee’s excessive absenteeism.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: January 25, 2024, Case #: 3:21cv282, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Spector grants the U.S. Postal Services' motion for summary judgment, ruling the female mail carrier cannot establish a prima facie case for sex discrimination. The comparators she cites in her complaint were in entirely different roles with the postal service and were subject to separate disciplinary policies. Meanwhile, the age discrimination claim also fails because there is no evidence or allegation in the complaint that the mail carrier's age was a factor in the decision to fire her.
Court: USDC Connecticut, Judge: Spector, Filed On: January 19, 2024, Case #: 3:21cv1424, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination