41 results for 'cat:"Evidence" AND cat:"Employment Retaliation"'.
J. Garcia denies all parties' motions for summary judgment, ruling the bus drivers' cited evidence fails to establish all necessary elements for their retaliation and discrimination claims and, therefore, precludes judgment in their favor. Meanwhile, the drivers' claims regarding the employer's failure to properly sanitize buses or use hypoallergenic sanitizers in the wake of Covid-19 are not preempted by the National Transit Systems Security Act because the complaint filed with OSHA before this suit was filed was dismissed by the agency.
Court: USDC Connecticut, Judge: Garcia, Filed On: May 3, 2024, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: evidence, Preemption, employment Retaliation
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: evidence, Emotional Distress, employment Retaliation
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. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Retaliation, First Amendment
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J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: evidence, Health Care, employment Retaliation
J. Marbley denies the university's motion for summary judgment, ruling the black professor's EEOC complaints and internal communications about false allegations of sexual assault were protected activity under Title VII and establish a causal link to his termination that allows his retaliation claim to proceed. The university claims it fired the professor after the results of its investigation validated the sexual assault claims, but because the Faculty Senate Hearing Committee disputed this result on two occasions and found the investigation "troubling," the professor has made a prima facie showing of pretext.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv2028, NOS: Employment - Civil Rights, Categories: Education, evidence, employment Retaliation
J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker’s dorm and was shown a 15-second video of “a man’s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, employment Retaliation
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
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. Carr denies, in part, the university's motion for summary judgment, ruling the employee's conversations with five different supervisors and coworkers about a potential hiring she believed would violate EEOC laws was protected activity and, given it occurred less than two weeks before her demotion, is sufficient to support her claim of retaliation in regard to the demotion.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 10, 2024, Case #: 3:22cv2151, NOS: Employment - Civil Rights, Categories: Education, evidence, employment Retaliation
J. North grants summary judgment to a school board, dismissing the employment retaliation claims of a full-time high school English teacher who was relieved of his duties coaching the boys' basketball team after posting losing seasons. The teacher alleges he was fired from his coaching job in retaliation for filing a sexual harassment suit against the female school principal who previously investigated him for statewide violations of rules for student athletes. The board argued the teacher’s claims were unsubstantiated and the school superintendent gave the teacher a second chance at the coaching job, which he failed. Because the teacher cannot establish a clear case of employment retaliation, the school board is not required to offer a non-retaliatory reason for the adverse employment action against him as a basketball coach.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: December 20, 2023, Case #: 2:21cv1081, NOS: Other Civil Rights - Civil Rights, Categories: Education, evidence, employment Retaliation
J. Wicks grants, in part, a motion in limine to exclude witness testimony in an employment retaliation complaint that alleges the New York’s child and family services agency denied an aide’s promotion after he filed a complaint alleging he was denied accommodations for a work-related head injury. The court excludes a witness’s affidavit on the basis that the witness can attest to the details in person at trial, and further excludes a coworker’s testimony regarding a discussion about his promotion denial, finding it is redundant and constitutes hearsay.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: evidence, Discovery, employment Retaliation
J. Watson grants the employer's motion for summary judgment, ruling the employee's Title VII retaliation claims fail as a matter of law. Although he engaged in an investigation regarding allegations of sexual assault involving a manager, there was no investigation at the time of his termination and, therefore, he engaged in no protected activity under Title VII.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:20cv1037, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Retaliation
J. Doughty denies a request by the Postmaster General to dismiss a claim by a white female employee that she was fired in retaliation for filing a race-based discrimination complaint with the E.E.O.C. Although the local postmaster has clearly articulated legitimate, non-discriminatory reasons for termination of the 26-year postal veteran from a temporary position related to the COVID-19 pandemic, it can be inferred from the “slightly ambiguous” record that her termination and the filing of her E.E.O.C. complaint were within a few days of each other. Therefore, a genuine issue of material fact exists regarding the retaliation claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:21cv3882, NOS: Employment - Civil Rights, Categories: evidence, Covid-19, employment Retaliation
J. Huffaker grants cross-motions of summary judgment to the university in this employment discrimination suit alleging the director of academic support services was discriminated against on the basis of race discrimination and wrongful termination. The university asserts the director’s termination was “for violating a core compliance rule when he failed to timely report his knowledge of a suspected rule violation” to the NCAA, SEC and the university within six hours. The director has not, however made a prima facie showing of race discrimination and retaliation. The director’s motion to consider additional supporting evidence is granted.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 3:21cv192, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination, employment Retaliation
J. Huffaker grants Alabama State University summary judgment on a senior associate athletic director’s Equal Pay Act claim. She was terminated after being told the university was restructuring her job and only changed its title when it was given to another female under the director’s supervision. Also, she fails to show evidence to a genuine dispute for her claims, her claims are dismissed with prejudice.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: October 30, 2023, Case #: 2:22cv47, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination, employment Retaliation
J. Trauger grants summary judgment to the Department of Veterans Affairs in this lawsuit brought by a former employee alleging that her termination was retaliatory. The employee contends that her termination was related to her participation in an investigation of another employee's hostile work environment complaint. However, she fails to establish a prima facie case for her claim, as there is no evidence that the decision-makers "had knowledge of the plaintiff's protected activity."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 20, 2023, Case #: 3:21cv486, NOS: Employment - Civil Rights, Categories: evidence, employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly dismissed a white medical center security officer’s complaint alleging workplace harassment and retaliation which occurred after she complained of a Black employee’s aggressive and insubordinate response to her coaching efforts. Accusations made by employees led to the security officer’s receipt of a written reprimand. The sole reprimand fails to satisfy the standard that an employer’s action must “have dissuaded a reasonable worker from” engaging in protected activity to constitute a “materially adverse action” necessary for an actionable retaliation claim. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-30704, Categories: evidence, employment Retaliation
Per curiam, the Fifth Circuit finds the district court improperly granted summary judgment in favor of the University of Texas in this employment retaliation suit brought by a Hispanic tenured professor who complained of pay inequity. The professor has provided evidence of a causal link between his report and retaliatory acts. Immediately after he circulated his report, the department chair made a comment about disbanding the equity committee, then restructured it by creating subcommittees, diluting the professor’s responsibilities. He was then removed from the committee, which is enough for a reasonable juror to see a causal link between the protected activity and UT’s adverse actions. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 23-50036, Categories: Education, evidence, employment Retaliation
J. Helmick grants the employer's motion for summary judgment, ruling the employee cannot establish a prima facie case for retaliation because she had several disciplinary issues prior to her filing of a complaint with the Ohio Civil Rights Commission, a filing that was too far removed from her termination to establish causation. Meanwhile, the claim she was replaced by a male employee without any other details is insufficient to support the employee's gender discrimination claim.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 29, 2023, Case #: 3:21cv770, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Employment Discrimination, employment Retaliation
J. Graham grants the employer's motion for summary judgment, ruling the insensitive and offensive jokes told on multiple occasions by the employee, including one that involved several babies and a reference to rape, gave it a legitimate reason to fire him and disproves his claim he was retaliated against for filing an EEOC claim.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 28, 2023, Case #: 2:20cv1977, NOS: Employment - Civil Rights, Categories: evidence, employment Retaliation
J. Doughty finds in favor of the developer, manufacturer and seller of a medical device used as an alternative to open heart surgery, dismissing sex discrimination and hostile workplace claims by a fired manager. The employer has met his burden of proving a legitimate, nondiscriminatory reason for terminating the manager’s employment.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 25, 2023, Case #: 5:21cv4022, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination, employment Retaliation