12 results for 'cat:"Employment" AND cat:"Immunity" AND cat:"Employment Discrimination"'.
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. Fallon dismisses two counts of discrimination in claims concerning a pharmaceutical company's mandate that workers receive Covid-19 vaccines for continued employment. The theory of "natural immunity" cannot justify a religious exemption, and thus the employees fail to state a claim for disparate treatment and failure to accommodate members of a proposed class.
Court: USDC Delaware, Judge: Fallon, Filed On: February 21, 2024, Case #: 1:22cv1634, NOS: Employment - Civil Rights, Categories: immunity, employment Discrimination
J. Watson partially dismisses a school janitor’s claims that the Hawaii education department refused to hire him on a full time basis because he is Black. The department and the individual school staff have sovereign immunity on liability claims. Claims against some of the school staff regarding aiding and abetting discrimination may proceed, as the janitor showed they were directly involved in the decision not to hire him.
Court: USDC Hawaii, Judge: Watson, Filed On: February 16, 2024, Case #: 1:22cv294, NOS: Employment - Civil Rights, Categories: Education, immunity, employment Discrimination
J. Williams grants, in part, the employer's motion to dismiss, ruling the Eleventh Amendment bars the claims brought under the Connecticut Fair Employment Practices Act because the Department of Transportation is a state actor that has not waived its right to sovereign immunity. Meanwhile, the lack of specificity in the black employee's discrimination claim regarding special privileges given to white employees prevents him from establishing a plausible Title VII claim for race discrimination, which will also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: December 7, 2023, Case #: 3:22cv537, NOS: Employment - Civil Rights, Categories: Evidence, immunity, 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. McAvoy grants, in part, Binghamton University and two of its employees’ motion to dismiss a former maintenance worker’s discrimination and retaliation claims brought after he raised concerns about harassment due to religion and ethnicity in violations under Title VII and the New York Human Rights Law. His Title VII claims against the two employees and his state discrimination and retaliation claims against the university do not survive the motion because the university is entitled to sovereign immunity. The motion to dismiss is denied to all other respects.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: October 30, 2023, Case #: 3:22cv1282, NOS: Employment - Civil Rights, Categories: immunity, employment Discrimination, employment Retaliation
J. Higginbotham finds the district court properly dismissed this employment dispute with prejudice, brought by the former employee of the Louisiana judicial district who was fired for making alleged racially motivated comments and Facebook posts. The judicial district lacks the capacity to be sued, the employee failed to plausibly allege that she was treated differently from anyone else and the judge who terminated the employee is entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Higginbotham, Filed On: August 16, 2023, Case #: 22-30490, Categories: Judiciary, immunity, employment Discrimination
J. Poissant finds that the trial court improperly denied the county education department's plea to the jurisdiction in a former assistant principal's suit alleging discrimination and retaliation over the denial of his workers' compensation claim and termination following an altercation with a student. The former employee failed to challenge the department's "legitimate reasons" for the non-renewal of his contract--insubordination and not following official directives. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 20, 2023, Case #: 14-22-00008-CV, Categories: immunity, Jurisdiction, employment Discrimination