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Date: 11-22-2023

Case Style:

Kevin Lewis v. Overbrook School for the Blind, et al.

Case Number: 2:23-cv-01634

Judge: Mia Roberts Perez

Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney:



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Defendant's Attorney: Christopher J. Kelly, Jeffrey I. Pasek

Description: Philadelphia, Pennsylvania civil rights lawyer represented the Plaintiff who sued the Defendants on a job discrimination theory.

"Employment discrimination civil rights law is a body of law that prohibits employers from discriminating against employees or applicants based on their protected characteristics. Protected characteristics include race, color, religion, sex (including gender identity and sexual orientation), national origin, disability, and age (40 and older).

Employment discrimination can occur in many different ways, including:

Hiring and firing: An employer cannot refuse to hire or fire someone because of their protected characteristics.
Promotion and demotion: An employer cannot promote or demote someone because of their protected characteristics.
Pay and benefits: An employer cannot pay or provide benefits to someone differently because of their protected characteristics.
Harassment: An employer cannot harass someone because of their protected characteristics.
Retaliation: An employer cannot retaliate against someone for complaining about discrimination or participating in an investigation or lawsuit.

If you believe you have been discriminated against at work, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces employment discrimination laws. You can also file a complaint with your state or local employment agency."

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Outcome: Hon. Petrese B. Tucker, U.S.D.J.

AND NOW, this 22nd day of March 2022, upon consideration of Defendants' Motion to Dismiss (ECF No. 5) and Plaintiff's Response in Opposition (ECF No. 6), IT IS HEREBY ORDERED AND DECREED that Defendants' Motion is GRANTED IN PART AND DENIED IN PART.[1] Specifically, the motion to:

1. Dismiss Defendants Sean Waters and Terri Davis from this suit is GRANTED and Mr. Waters and Ms. Davis are DISMISSED WITH PREJUDICE;

2. Dismiss Plaintiff's discrimination claims under Title VII of the Civil Rights Act, 42 U.S.C. § 1981, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act is GRANTED and these claims are DISMISSED WITH PREJUDICE;

3. Dismiss Plaintiff's retaliation and hostile work environment claims under Title VII of the Civil Rights Act, 42 U.S.C. § 1981, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act is DENIED; and

4. Dismiss Defendant Patricia Gooding from this suit is DENIED. IT IS FURTHER ORDERED THAT Defendants' initial Motion to Dismiss (ECF No. 3) is DENIED AS MOOT.

11/22/2023 11 STIPULATION of Dismissal with Prejudice by CAROL HAVENS-DOBBS, OVERBROOK SCHOOL FOR THE BLIND. (KELLY, CHRISTOPHER) (Entered: 11/22/2023)

11/22/2023 12 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. THE PARTIES HEREBY STIPULATE AND AGREE TO THE DISMISSAL OF THIS ACTION, WITH PREJUDICE, WITH EACH PARTY TO BEAR ITS OWN RESPECTIVE FEES AND COSTS OF THIS ACTION. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 11/22/23. 11/22/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 11/22/2023)

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