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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Smith v. Texaco, Inc.

This Memorandum Opinion addresses a racial discrimination class action lawsuit brought by approximately 200 salaried African-American employees against Star Enterprise and related corporate entities. The plaintiffs allege company-wide discriminatory practices in promotion, compensation, and career advancement, specifically challenging the subjective Performance Management Program (PMP) and the absence of formal job posting systems. The court granted the plaintiffs' motion for class certification under both Rule 23(b)(2) for equitable relief and Rule 23(b)(3) for legal relief, including compensatory and punitive damages. The decision includes provisions for a bifurcated trial structure to ensure Seventh Amendment rights are protected and addresses statute of limitations concerns by applying equitable tolling due to the plaintiffs' reliance on a prior, related class action.

Racial discriminationEmployment discriminationClass actionTitle VIISection 1981Disparate impactDisparate treatmentClass certificationSubjective evaluationPerformance management program
References
63
Case No. MISSING
Regular Panel Decision

Stanford v. New York City Commission on Human Rights

The plaintiff, a provisional human rights specialist, sued her employer, the New York City Commission on Human Rights, and several individual defendants for employment discrimination. She alleged discrimination based on national origin and retaliation after her termination, which followed a history of insubordination and conflict with her supervisor. The court found no evidence to support either the national origin discrimination claim, noting similar racial backgrounds among parties, or the retaliation claim, as the Commission had encouraged employees to challenge the civil service examination in question. The decision concluded that the plaintiff's termination stemmed from an irreconcilable personal antagonism with her supervisor rather than any discriminatory reasons. Consequently, the court dismissed the complaint, affirming that federal courts should not intervene in personnel decisions based on non-discriminatory grounds.

Employment DiscriminationNational Origin DiscriminationRetaliation ClaimInsubordinationProvisional Employee TerminationTitle VII Civil Rights ActEEOC ComplaintSupervisor-Employee ConflictFederal District Court CaseWorkplace Conduct
References
5
Case No. MISSING
Regular Panel Decision

Forsythe v. New York City Department of Citywide Administrative Services

Plaintiff Earl Forsythe, a pro se litigant, filed an employment discrimination lawsuit against the New York City Department of Citywide Administrative Services (DCAS), alleging racial discrimination in violation of Title VII. Forsythe, a security guard employed by Tristar Patrol Services, claimed that DCAS and its employees discriminated against him based on his race by causing his transfer from desirable posts at DCAS-managed facilities to less favorable ones, disrupting his childcare schedule. DCAS moved for summary judgment, arguing it was not Forsythe's direct employer and that Forsythe failed to establish a prima facie case of discrimination or an inference of discriminatory motive. The court determined that a factual issue existed regarding DCAS's "joint employer" liability if a transfer was racially motivated. However, the court found no admissible evidence to suggest that Forsythe's transfers were racially motivated, thus failing the "inference of discrimination" element of his prima facie case. Consequently, DCAS's motion for summary judgment was granted, and Forsythe's Title VII claim was dismissed.

Employment DiscriminationRace DiscriminationTitle VIISummary JudgmentJoint Employer DoctrineAdverse Employment ActionPrima Facie CaseMcDonnell Douglas FrameworkBurden-ShiftingPretext
References
40
Case No. MISSING
Regular Panel Decision

Walker v. SBC Services, Inc.

Plaintiff Earnestine Walker sued Defendant SBC Services, Inc. alleging same-sex harassment, racial discrimination, and retaliation under Title VII. The court granted partial summary judgment to SBC, dismissing Walker's same-sex harassment and retaliation claims, finding the harassment not sufficiently severe or pervasive and the retaliation claim conceded. However, the court denied SBC's motion for summary judgment on the racial discrimination (hostile work environment) claim, concluding that genuine issues of material fact existed regarding the racially charged statements and conduct. The court also denied summary judgment on SBC's Ellerth/Faragher affirmative defenses, concluding that SBC failed to demonstrate it took prompt remedial action. Therefore, the racial discrimination claim and the affirmative defenses proceed to trial.

DiscriminationHarassmentTitle VIISummary JudgmentHostile Work EnvironmentRace DiscriminationSexual HarassmentRetaliationEmployment LawFederal Court
References
31
Case No. MISSING
Regular Panel Decision

Bexar County, Tx v. Gant

Elvin J. Gant, Jr. filed a discrimination charge with the Texas Commission on Human Rights on July 9, 1999, alleging race/national origin, color, sex, and age discrimination, stemming from a racial slur, lack of promotion, and eventual termination. After receiving a right-to-sue letter, Gant sued the County, asserting claims under the Texas Human Rights Act for unlawful failure to hire, unlawful discharge, and unlawful retaliation. The County moved for summary judgment, arguing Gant failed to exhaust administrative remedies by not filing his complaint within 180 days of the alleged racial slur. The appellate court affirmed the denial of summary judgment for Gant's race discrimination claims (failure to hire, unlawful discharge), concluding that the racial slur itself did not constitute an unlawful employment practice triggering the 180-day filing period. However, the court reversed and dismissed Gant's retaliation claim for lack of jurisdiction, finding he failed to exhaust administrative remedies as this claim was not included in his initial complaint and was not factually related to the race discrimination charge.

Employment DiscriminationRace DiscriminationRetaliation ClaimAdministrative Remedies ExhaustionSummary Judgment AppealTexas Human Rights ActJurisdictional DefectUnlawful Employment PracticeProbational PeriodRacial Slur
References
9
Case No. MISSING
Regular Panel Decision

Cooper v. Jackson-Madison County General Hospital District

Joe B. Cooper filed an employment discrimination suit against Jackson-Madison County General Hospital District (JMCGHD) on May 12, 2009, alleging race, color, and sex discrimination under Title VII. Cooper, a licensed clinical social worker, claimed his supervisor, Sheila Odom, created a hostile work environment through condescending behavior and racial slurs like "whitey" and "white boy," leading to his constructive discharge. The defendant moved for summary judgment. The court dismissed claims of sex and color discrimination due to failure to exhaust administrative remedies with the EEOC. While acknowledging Odom's African-American race satisfied the "background circumstances" for reverse discrimination, the court found Cooper failed to present evidence of similarly situated African-American employees receiving better treatment. The court also concluded that most of Odom's alleged harassing behavior was racially neutral and that the racial comments lacked sufficient specificity and pervasiveness to establish a hostile work environment or constructive discharge. Consequently, the court granted JMCGHD's motion for summary judgment on all remaining claims.

Employment DiscriminationHostile Work EnvironmentReverse DiscriminationSummary JudgmentTitle VIIRacial HarassmentConstructive DischargeFederal Rules of Civil ProcedureEEOCWorkplace Harassment
References
45
Case No. MISSING
Regular Panel Decision

Booker v. Budget Rent-A-Car Systems

Plaintiff Anthony Booker, a black employee of Budget Rent-A-Car in Nashville, alleges race discrimination and racial harassment under Title VII and 42 U.S.C. § 1981, along with retaliation. He claims General Manager Guy Grundman subjected him to severe verbal abuse, racial slurs, and disproportionately harsh treatment, leading to a demotion in January 1993. Booker further alleges he was denied a promotion in April 1993 and retaliated against with a negative performance evaluation and denial of an Airport Manager position after filing an EEOC charge. The court granted in part and denied in part the defendants' motion for summary judgment. Booker's claims of racial harassment and discrimination regarding his demotion may proceed, but his failure to promote, retaliation, and wage discrimination claims were dismissed.

Racial HarassmentRace DiscriminationTitle VII42 U.S.C. § 1981Hostile Work EnvironmentSummary JudgmentDemotionEmployment LawSupervisor LiabilityDisparate Treatment
References
49
Case No. MISSING
Regular Panel Decision

Dryden v. Tiffany & Co.

Plaintiff Ms. Dryden, an Asian woman in her late 40s, sued Tiffany & Company for discrimination based on age and race under Title VII, ADEA, and New York State/City law after her termination in July 1993. Tiffany claimed she was fired due to declining performance and repeated security violations, while Ms. Dryden alleged these reports began after a job-related injury and denied prior knowledge of some policies. The court found insufficient evidence for age discrimination, as Ms. Dryden was replaced by an older employee, Ms. Nan Craver. However, the racial discrimination claim proceeded, as evidence suggested Ms. Dryden might have received stricter scrutiny than Caucasian employees regarding security compliance. The court granted Tiffany's motion for summary judgment on the age discrimination claims but denied it for the racial discrimination claims, allowing the latter to proceed.

Age DiscriminationRacial DiscriminationTitle VII ClaimsADEA ClaimsSummary Judgment MotionEmployment TerminationSecurity Policy ViolationPrima Facie CasePretext of DiscriminationDisparate Treatment
References
10
Case No. MISSING
Regular Panel Decision
Nov 04, 2004

Ganthier v. North Shore-Long Island Jewish Health System, Inc.

The plaintiff, Esther Ganthier, sued North Shore-Long Island Jewish Health System, Inc. and Susan Tobin for racial and national origin discrimination under Title VII, Section 1981, and New York State Human Rights Law. Ganthier, a temporary medical biller, alleged she was not hired for a permanent position due to discrimination, while a black employee, Saundra Morgan, was promoted. The court found that Ganthier failed to establish a prima facie case of discrimination, notably not applying for the position and voluntarily quitting her temporary role. Ultimately, the court granted the defendants' motion for judgment as a matter of law, dismissing the complaint in its entirety as there was no evidence of racial or national origin discrimination.

Employment DiscriminationRacial DiscriminationNational Origin DiscriminationTitle VIISection 1981New York State Human Rights LawJudgment as a Matter of LawPrima Facie CasePretextDisparate Treatment
References
31
Case No. MISSING
Regular Panel Decision

Breland-Starling v. Disney Publishing Worldwide

Linda Prather filed a lawsuit against her employer, Disney Publishing Worldwide, and two employees, alleging racial discrimination and retaliation under federal and New York state and city laws. She claimed she was not promoted to a vice-president position due to discrimination and that defendants retaliated against her after she filed the suit by diminishing her duties and giving her a negative performance review. Prather also asserted a claim for a racially hostile work environment. The Court granted the defendants' motion for summary judgment, finding that Prather failed to establish a prima facie case for her claims and did not provide sufficient evidence of intentional discrimination or a hostile work environment. Furthermore, the Court noted Prather's failure to utilize DPW's anti-discrimination procedures.

Racial DiscriminationTitle VII42 U.S.C. § 1981Failure to PromoteRetaliation ClaimHostile Work EnvironmentSummary JudgmentEmployment LawProtected ActivityAdverse Employment Action
References
20
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