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Latest Cases & Developments
Date:
Osman v. Ala. State Univ., et al. (M.D. Ala. Apr. 24, 2023)
Memorandum Opinion and Order granting Defendants’ Motion for Summary Judgment. Plaintiff, a former tenure-track Assistant Professor of Accounting at Alabama State University who is Muslim, Black, of African ancestry, and of Sudanese descent, brought discrimination and retaliation claims against the University and multiple officials after his application for early promotion and tenure was denied. The court held that his non-promotion discrimination claim failed because (1) the Provost had independently reviewed his dossier and found he lacked the required five years of teaching experience and (2) his assembled mosaic of comments at the department level were insufficient to permit an inference of intentional discrimination by the Provost. His retaliation claim likewise failed because he was unable to show that the Provost knew of his alleged protected activity prior to his promotion denial.
Topics:
Discrimination, Accommodation, & Diversity | Race and National Origin DiscriminationDate:
Ayoade v. Johnson Cnty. Cmty. Coll. (D. Kan. Apr. 21, 2023)
Memorandum and Order granting Defendants’ Motion for Summary Judgment. Plaintiff, a former men’s head soccer coach at Johnson County Community College who is a Nigerian-born citizen of the United States, brought discrimination claims against the College after he was terminated following repeated failures to comply with policies and procedures. Initially, he was placed on a performance improvement plan (PIP) after he disregarded his supervisor’s instruction and permitted an ineligible player to participate in a game in violation of NJCAA rules. He was then terminated after an investigation of anonymous ethics complaints revealed that he violated College procedures about management of team funds and encouraged players to keep concerns “within the team.” In granting summary judgment in favor of the College, the court held that although some of the allegations in the ethics complaints were not fully substantiated upon investigation, plaintiff was unable to demonstrate that his termination for inability to follow policies and procedures was pretextual.
Topics:
Age Discrimination | Athletics & Sports | Athletics Compliance & NCAA Rules | Discrimination, Accommodation, & Diversity | Race and National Origin DiscriminationDate:
Santiago v. Univ. of Miami (S.D. Fla. Apr. 21, 2023)
Order granting-in-part and denying-in-part Defendant’s Motion to Dismiss. Plaintiff, a former Clinical Program Coordinator in the Department of Anesthesia at the University of Miami, brought discrimination and retaliation claims against the University, alleging that over a period of multiple years, she complained almost weekly to the University’s HR office about discriminatory treatment by her supervisor until she finally resigned. In adopting the Report and Recommendations of the Magistrate Judge, the court permitted plaintiff’s discrimination claim to proceed, finding that (1) she asserted sufficient unfair work assignments and arbitrary discipline to allege constructive discharge and (2) she alleged appropriate comparators by identifying two colleagues who reported to the same supervisor, even though they held different roles than plaintiff. Plaintiff’s retaliation claim failed, however, because her asserted constructive discharge was too remote to establish causation from when she began reporting her supervisor’s alleged discriminatory treatment to HR.
Topics:
Discrimination, Accommodation, & Diversity | Race and National Origin Discrimination | Retaliation
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