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Employment Law

Mockery doesn’t back hostile environment claims (access required)

Although the native of El Salvador alleged sheep-related comments and mockery were motivated by racial animus, because they compared a person to animals, the comments were insufficient to constitute a hostile work environment based on race because the plaintiff cited ...

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Allegations insufficient to show city violated ADA (access required)

Where there was a 4½-year gap between the protected activity and the adverse employment action, and no recurring pattern of retaliatory conduct to bridge the temporal divide, the plaintiff’s retaliation claim was dismissed. And because the ADA’s nondisclosure provision did ...

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Pro se plaintiff alleging bias secures default judgment (access required)

The pro se plaintiff’s factual allegations were sufficient to demonstrate she was the victim of race discrimination, racial harassment and retaliation. Because she did not sufficiently support her request for damages, no damages were awarded, but she can file a ...

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Superintendent’s response to criticism not clearly unlawful (access required)

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

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Jury to decide if doctor was terminated due to patient safety complaints (access required)

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

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Unwanted contact, comments back hostile environment claim (access required)

Where the plaintiff, who had only recently turned 18, alleged she was subjected to a co-worker’s unwelcome physical contact and comments sexualizing her gender and referencing her physical appearance, she has stated a claim of a hostile work environment. Background ...

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Airline failed to reemploy pilot, violated USERRA (access required)

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

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Hostile environment based on comments about anatomy (access required)

Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

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Repeated requests for date no basis for hostile environment (access required)

Where a pharmacy employee alleged the CEO repeatedly asked her for a date and discussed his desire to marry and provide for her, her allegations were insufficient to sustain a claim for a hostile work environment. Background Allison Coates began ...

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