47 results for 'cat:"Employment" AND cat:"Jurisdiction" AND cat:"Employment Discrimination"'.
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
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
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Per curiam, the appellate division finds that the lower court properly found for the employer in an employment discrimination suit. The employer is based in New York, and the employee only began working out of his New Jersey home in 2020 during the Covid-19 lockdown. He therefore cannot avail himself of the New Jersey Law Against Discrimination or the New Jersey Conscientious Employee Protection Act. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 28, 2024, Case #: 01770, Categories: jurisdiction, employment Discrimination, Whistleblowers
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. St. Eve finds that the court lacks jurisdiction to hear the school's appeal of the lower court's order denying its motion to dismiss a sex discrimination suit on the basis of church autonomy. The lower court has not issued a conclusive decision on the school's church-autonomy defense, and did not second-guess the school's determination that the teacher was not in doctrinal good standing. Rather, the viability of the school's defense depends on the strength of the teacher's allegations related to pretext.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 18, 2024, Case #: 21-2683, Categories: jurisdiction, employment Discrimination, First Amendment
J. Flanagan grants a municipality’s motion to dismiss allegations of employment discrimination brought by a staff member after she claims it overlooked her for promotions during the seven years she worked there. The municipality argues correctly that subject matter jurisdiction is not applicable because the staff member’s complaint lacks diversity of citizenship because all parties are located in North Carolina. Further, the staff member does not include any federal question in her claim, only alleging that the municipality violated state employment laws.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 2:23cv52, NOS: Employment - Civil Rights, Categories: employment, jurisdiction, employment Discrimination
J. Lin remands to superior court the state's complaint accusing O'Reilly Auto of not only routinely denying its employees' requests for pregnancy accommodations, but actively retaliating against those that who make the requests. The state presents ample evidence that its claim under the Washington Law Against Discrimination will affect employees on a state level, and the state pleads its Washington Consumer Protection Act in good faith by including examples of other lawsuits where the Attorney General pleaded CPA violations in the context of employment.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 7, 2023, Case #: 2:23cv1370, NOS: Employment - Civil Rights, Categories: Consumer Law, jurisdiction, employment Discrimination
J. Budd transfers a case from Housing Court to the Superior Court of Massachusetts. Based on the plain language of a statute, the Housing Court does not have jurisdiction over this case because the landlord being sued for pregnancy discrimination chose to have the complaint against him heard in court, rather than by commission, and when such an election is made, the Superior Court is the designated court.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: December 6, 2023, Case #: SJC-13438, Categories: employment, jurisdiction, employment Discrimination
J. Spain finds that the trial court improperly denied the university's plea to the jurisdiction in an employment discrimination suit where a white applicant for a tenure-track position alleged the university chose a "person of color" instead of her. The applicant failed to give either direct or indirect evidence of race or national-origin discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: November 30, 2023, Case #: 14-22-00861-CV, Categories: jurisdiction, employment Discrimination
J. Benavides finds that the lower court improperly denied the university's plea to the jurisdiction in this lawsuit brought by a former employee alleging racial discrimination and retaliation. The former employee failed to sufficiently plead his claim for racial discrimination, but he also should have been given a chance to amend his petition. Accordingly, that claim will be remanded. He also failed to state a "viable retaliation claim," and his civil conspiracy claim "cannot be saved." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-23-00062-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Goodwin grants the state's dismissal motion in this lawsuit brought by a former employee alleging violations of her rights in connection with her termination. She specifically contends that her termination was based on age and gender discrimination, as well as retaliation for "reports of sexual harassment of other employees." However, the allegations do not establish gender bias under Title VII. The court also declines to exercise jurisdiction over her state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv1095, NOS: Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: Civil Rights, jurisdiction, employment Discrimination
J. McFarland grants, in part, the township's motion for summary judgment, ruling the female detective cannot make a prima facie case for sex discrimination. Her termination was based on insubordination that had nothing to do with her gender; in fact, she conceded during her deposition she was fired for "reporting a wrongdoing" related to Covid-19 protocols.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 15, 2023, Case #: 1:20cv842, NOS: Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, Whistleblowers