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TDCJ Pays $267,000 to Settle Discrimination Claim by On September 15, 2005, the TDCJ agreed to pay a total of $267,500 to Melissa Roberts to settle a complaint she filed with the U.S. Equal Employment Opportunities Commission (EEOC) under Title VII of the Civil Rights Act of 1964. Represented by …
Article • December 15, 2009
TDCJ Agrees to Pay $55,000 in Sexual Harassment Suit by On February 17, 2004, a settlement was reached in a sexual harassment case filed against the Texas Department of Criminal Justice (TDCJ). The complaint was filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Same Sex Guard Requirement Violates Title VII by The Seventh Circuit Court of Appeals held that a correctional institution was wrong for changing its policy to exclude guards from supervising prisoners of the opposite sex on certain shifts. The Court did, however, deny claims of workplace harassment and retaliation. In …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits by In 2003 and 2004, plaintiffs in two separate lawsuits prevailed on their claims of racial discrimination against the Texas Department of Criminal Justice (TDCJ). In the most recent lawsuit, four auditors in the Community Justice Assistance Division of TDCJ …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
Article • August 15, 2008
ADA Does Not Allow Individual Liability by Title VII of the Americans with Disabilities Act does not permit individual liability. The court cites the weight of authority, including the Second Circuit, and also analogizes to Title VII. Accord, Corr v. MTA Long Island Bus, 27 F.Supp.2d 259 (E.D.N.Y. 1998). The …
Eighth Circuit Upholds Dismissal of Discrimination/Retaliation Suit by The Eighth Circuit Court of Appeals upheld dismissal of a Nebraska prisoner’s employment discrimination and retaliation action. Kamal Al-Zubaidy, an Iraqi Shiite Muslim confined in the Nebraska State Penitentiary, (NSP), was employed in a die shop operated by TEK Industries (TEK), a …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain by Rikers Island (New York) prison guard Scott Singleton brought federal action against the City of New York for civil rights violations after sexual harassment by his captain ruined his home life and separated him from his daughter. …
Article • June 15, 2008
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed by Female prison guards employed in a male prison sued under Title VII, alleging that they had been subjected to a hostile work environment as a result of the "egregious acts" of the prisoners, condoned by the plaintiffs' superiors. (One …
Study Finds Federal Defenders Outperform CJA Attorneys by Indigent federal criminal defendants represented by court-appointed private attorneys ?are, on average, more likely to be found guilty and? to receive longer sentences? than defendants represented by public defenders, according to a new study by a Harvard economist. The study was conducted …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
Article • December 15, 2007
Harassment By Prisoners Cannot Create a Hostile Work Environment by Evidence that the plaintiff ex-prison employee "cried a lot" and the inmates and co-workers "got on her nerves" do not establish that she has a disability; she may have been depressed or anxious but submitted no medical evidence or evidence …
Article • May 15, 2007
Gender is not BFOQ for Georgia Deputy Sheriff Job by The Eleventh Circuit Court of Appeals held that gender is not a bona fide occupational qualification (BFOQ) for the job of Deputy Sheriff I at Atlanta's Fulton County Jail. After the Sheriff posted advertisements for the deputy sheriff positions, a …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
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