(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) ACTS OCCURRING PRIOR TO JUNE 10, 2004 ARE ACTIONABLE UNDER THE CONTINUING VIOLATION DOCTRINE The defendant concedes that evidence of retaliation or discrimination…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) If the defendant believed Mr.Carter was permanently disabled as a firefighter, then it had an ongoing duty under the law to alert him…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) B. Failure to Accommodate / Failure to Engage in the Interactive Process Tellingly, the defendant’s moving papers are completely devoid of any argument…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) The defendant claims that the two discriminatory acts identified above occurred prior to June 10, 2004, and are thus not actionable. Specifically, the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) PLAINTIFF IDENTIFIED NUMEROUS ACTS OF DISCRIMINATION AND RETALIATION WITHIN THE 1-YEAR LIMITATIONS PERIOD With respect to plaintiff’s disability discrimination and retaliation claims, he…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) STANDARDS GOVERNING MOTION FOR NEW TRIAL RULING A new trial shall not be granted upon the ground of insufficiency of the evidence to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) 2) With respect to acts that occurred prior to June 10, 2004 (and this would include the initial referral for a fitness-for-duty evaluation…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) To sum up plaintiff’s position, there are at least four independent reasons that support the jury’s determination that plaintiff filed a timely charge…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Plaintiff’s Opposition to Defendant City of Sacramento Fire Department’s Motion for a New Trial INTRODUCTION AND SUMMARY OF THE ARGUMENT The defendant’s Motion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) DISPARATE TREATMENT CLAIM Although discovery has not been pursued with regard to this claim, Ms. Smith contends that Ethan Jones (her quasi-supervisor for a period of time because her direct supervisor…