Retaliation Law
 
Felicia Reyes v. Macy's, Inc.

Plaintiff and respondent Felicia Reyes has moved to dismiss the appeal of defendants Macy‟s, Inc., Macy‟s West Stores, Inc., and Jan Noll (collectively Macy‟s). The appeal is from an order granting Macy‟s motion to compel arbitration of plaintiff‟s individual claims but denying the request to dismiss class allegations and plaintiff‟s claim under the Labor Code Private Attorneys General

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Doris Keeton v. Morningstar, Inc.

Doris Keeton filed an employment discrimination suit against her employer, Morningstar, Inc., alleging race discrimination and retaliation in violation of 42 U.S.C. § 1981 and 42 U.S.C. § 2000e, et seq. Keeton failed to file a timely response to Morningstar’s motion for summary judgment, and the court granted judgment in favor of Morningstar. Keeton contends that the court erred in refusing to

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Sonija Morris v. City of Colorado Springs d/b/a Memorial Health System

Plaintiff-Appellant Sonja Morris appeals from the district court’s orders granting judgment on the pleadings on her First Amendment retaliation claim brought under 42 U.S.C. § 1983, and summary judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, in favor of Defendant-Appellee City of Colorado Springs. Exercising jurisdic

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Gwendolyn Donald v. Sybra, Inc. dba Arby's

Gwendolyn Donald worked for Sybra LLC (“Sybra”) at its Arby’s restaurants for over two years as an assistant manager. During this period, Donald suffered a number of health problems, forcing her to miss a substantial amount of work. In February of 2008, Sybra terminated Donald when it suspected that Donald entered customer orders improperly in order to steal cash from her register. Donald su

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Karen White v. City of Pasadena

After her first termination from the City of Pasadena Police Department and subsequent reinstatement, Karin White brought a lawsuit in state court claiming that she had been discriminated against and harassed by the City due to its perception that she had a disability. After her second termination, she reiterated her discrimination and harassment claims in an administrative proceeding, where she a

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Elk Creek Management Company v. Harold Gilbert

Defendants seek reconsideration of our decision in Elk Creek Management
3 Co. v. Gilbert, 244 Or App 382, 260 P3d 686 (2011). In this forcible entry and detainer
4 (FED) action, defendants appealed a judgment for plaintiff, the property owner's
5 management company. Defendants assigned error to the trial court's interpretation of
6 ORS 90.385, the anti-retaliation statute. We concl

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Brenda Geiling v. Hemlock Semiconductor Corporation

In this case brought under Article 3 of the Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2301 et seq., plaintiff1 appeals as of right from the trial court’s grant of summary disposition to defendants Hemlock Semiconductor (Hemlock) and Dow Corning Corporation (Dow Corning)2 on the grounds that they were not places of public accommodation to which Article 3 applied. We affirm.

I. BASIC

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Pamela Mize-Kurzman v. Marin Community College District

Plaintiff Pamela Mize-Kurzman appeals from a judgment in favor of defendants Marin Community College District and its Board of Trustees (collectively ―district‖), following a jury trial on her claims that the district was liable under two California ―whistleblower‖ protection statutes, Labor Code section 1102.5 and Education Code section 87160 et seq. Plaintiff contends the trial court com

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EEOC v. DynCorp International, LLC

DynCorp International, LLC, a Falls Church, Va.-based private military contractor and aircraft maintenance company, will pay $155,000 and furnish other significant relief to settle a sex-based harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC originally filed suit against DynCorp in August 2011 allegin

More...   $155000 (01-12-2012 - VA)

EEOC v. Matrix, LLC

Matrix, L.L.C., one of the region’s largest cleaning companies, will pay $450,000 to a class of 15 former employees and provide significant relief to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In the lawsuit, the EEOC alleged that Matrix officials told white supervisor Barbara Palermi

More...   $450000 (01-12-2012 - PA)

Jennifer Crawford v. BNSF Railway Company

Jennifer Crawford, Gannon Dvorak, Ernest Magdaleno, David Peters, and Michael Meadows sued their employer BNSF Railway Company, alleging that they had been subjected to sexual and racial harassment by their supervisor Michael Duran in violation of Title VII of the Civil Rights Act of 1964. The district court1 granted BNSF's motion for summary judgment, concluding that it was entitled to the affirm

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Stuart T. Guttman, M.D. v. G.T.S. Khalsa

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit

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Kathryn Pereda v. Brookdale Senior Living Communities, Inc.

Appellant Kathryn Pereda (“Pereda”) appeals the district court’s dismissal of her two-count complaint alleging interference and retaliation under the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601, et seq., against Appellee Brookdale Senior Living Communities (“Brookdale”). The district court held that because Pereda was not an eligible employee at the time she was

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Richard Barry v. Board of Education of the City of New Britain

The plaintiff, Richard Barry, appeals from the summary judgment rendered by the trial court in favor of the defendant, the board of education of the city of New Britain, on the plaintiff’s claims of breach of the parties’ settlement agreement and breach of the parties’ employment contract. On appeal, the plaintiff argues that the court improperly determined that he was collaterally estopped

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Walleon Bobo v. United Parcel Service, Inc.

Walleon Bobo appeals the district court’s grant of summary judgment in favor of United Parcel Service, Inc. (UPS) on Bobo’s discrimination and retaliation claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and his race discrimination and retaliation claims brought under 42 U.S.C. § 1981, Title VII, and the Tennessee Human Rights Act (THRA). We AFFIRM t

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Equal Employment Opportunity Commission v. Management Hospitality of Racine, Inc. d/b/a International House of Pancakes

The Equal Employment Opportunity Commission (“EEOC”) brought this action on behalf of two servers, Katrina Shisler and Michelle Powell, who were employed at an International House of Pancakes franchise in Racine, Wisconsin (the “Racine IHOP”), alleging that the servers were sexually harassed in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. A jury foun

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Walleon Bobo v. United Parcel Service Inc.

Walleon Bobo appeals the district court’s grant of summary judgment in favor of United Parcel Service, Inc. (UPS) on Bobo’s discrimination and retaliation claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and his race discrimination and retaliation claims brought under 42 U.S.C. § 1981, Title VII, and the Tennessee Human Rights Act (THRA). We AFFIRM

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Lisa Weatherby v. Federal Express

Plaintiff Lisa Weatherby appeals the grant of summary judgment to Defendant Federal Express in her suit alleging racial and gender discrimination, hostile work environment, and retaliation, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e- 5(g); and age discrimination, in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. For the reasons th

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Denise Coleman v. Patrick R. Donahoe

In 2006, the United States Postal Service terminated plaintiff Denise Coleman’s 32 years of employment as a mail processing clerk. The Postal Service contends that it fired Coleman because she told her psychiatrist she was having thoughts of killing her supervisor, and it believed she posed a danger to her fellow employees. Coleman alleges that her termination was discriminatory (she is African2

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James Mullins v. Dallas Independent School District

This case involves a claim brought under the Texas Whistleblower Act. The trial court granted the Dallas Independent School District's plea to the jurisdiction and dismissed James Mullins's claim. In a single issue, Mullins contends the trial court erred in granting the plea because he presented sufficient evidence to raise a question of fact about the trial court's jurisdiction over his claim. We

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Scott A. Savage v. E. Gordon Gee

Scott Savage appeals the district court’s grant of summary judgment in favor of Defendants E. Gordon Gee, President of The Ohio State University, in his individual and official capacity; Karen A. Holbrook, former President of the University, in her individual capacity; Nancy K. Campbell, Assistant Vice President of the Office of Human Resources at the University, in her individual and official c

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Stephanie K. Wallace v. Microsoft Corporation

This dispute is before us for the second time. In the first appeal, we affirmed the grant of summary judgment to Microsoft on Mr. Wallace’s breach-of-contract claim but reversed and remanded Mr. Wallace’s state-law-tort claims of wrongful discharge and outrage.1 This appeal is from the district court’s order granting Microsoft’s motion for summary judgment on the tort claims and denying Ms

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Eartha McMiller v. Metro

Eartha Lee McMiller, pro se, sued the Bi-State Development Agency of the Missouri-Illinois Metropolitan District (doing business as Metro). The district court dismissed her age-discrimination claims as well as her Title VII claims for retaliation and against her supervisor personally. The district court refused to dismiss her Title VII sexual harassment claims against Metro. Moreover, the court st

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John Robinson v. City of Chowchilla

Plaintiff appeals from (1) an order denying him attorney fees under California‟s private attorney general doctrine, which is set forth in Code of Civil Procedure section 1021.51 and (2) an order applying section 998 to limit his recovery of costs to those incurred prior to defendants‟ May 7, 2007, offer to compromise.

We conclude that this litigation, which resulted in a published decis

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Bruce R. Field v. Board of Water Commissioners, City and County of Denver

Bruce R. Field initiated this wrongful termination action against his former employer, the Board of Water Commissioners for the City and County of Denver (“Denver Water”). Mr. Field advanced three retaliation claims under 42 U.S.C. § 1983, 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., respectively, but the district court granted summary judgment

More...   $0 (12-30-2011 - CO)

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AK Morlan
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