The sole issue raised in this rehearing en banc is whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), creates a cause of action for third-party retaliation for persons who have not personally engaged in protected activity. After applying the plain and unambiguous statutory text, we join the Third, Fifth, and Eighth Circuit Courts of Appeal in holding that the ... More...   $0 (06-06-2009 - KY)

In this “hybrid § 301â€� employment case brought under the Labor Management Relations Act, 29 U.S.C. § 185, Jeffrey Hayes appeals the district court’s order granting motions for summary judgment in favor of his former employer, United Parcel Service, Inc. and his former union, the International Brotherhood of Teamsters, Warehousemen and Chauffeurs, Local No. 236. Hayes argues that UPS discha... More...   $0 (05-19-2009 - KY)

Plaintiff/Appellant William Sanford (“Sanfordâ€�) appeals the order of the district court granting summary judgment to Defendants/Appellees Main Street Baptist Church Manor (“Manorâ€�) and Southeastern Management Center, Inc. (“Southeasternâ€�) (collectively, “Defendantsâ€�) on Sanford’s claims of hostile environment sexual harassment, quid pro quo sexual harassment, and retaliation, pur... More...   $0 (05-20-2009 - KY)

Plaintiff Michael D. Harmon appeals the district court’s grant of summary judgment in favor of his former employer, defendant Earthgrains Baking Companies, Inc. (“Earthgrainsâ€�), and dismissal of his claim for age discrimination under the Kentucky Civil Rights Act, KY. REV. STAT. ANN. § 344.040(1). The district court determined that Harmon failed to satisfy the fourth element of the prima fa... More...   $0 (02-11-2009 - KY)

This Court granted discretionary review to address one issue - whether a wrongful discharge claim under state law is preempted by federal law (the National Labor Relations Act) where the discharge was allegedly based on the employee's participation in union organizing activities . We agree with the trial court that the National Labor Relations Board has exclusive jurisdiction over such claims, rev... More...   $0 (01-22-2009 - KY)

Plaintiff Mike Fitzpatrick appeals from the entry of summary judgment in favor of defendants, the City of Frankfort, Kentucky, and its Fire Chief Wallace Possich, on plaintiff’s claim of retaliation in violation of his First Amendment rights. 42 U.S.C. § 1983.1 Plaintiff argues that it was error to conclude that he could not state a claim under Pickering’s two-part test for First Amendment re... More...   $0 (12-24-2008 - KY)

Plaintiff Debra Vaughn appeals the district court’s grant of summary judgment in favor of her former employer, defendant Louisville Water Company (“LWCâ€�), on her claims of disparate treatment, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VIIâ€�), 42 U.S.C. § 2000e et seq. For the reasons stated below, we AFFIRM the decision of the distr... More...   $0 (11-24-2008 - KY)

Nurses Mattie Cohen and Kathy Bacon sued Jewish Hospital & St. Mary's Health Care on discrimination theories claiming that they were discriminated against by Defendant because of their race at work. Cohen claimed that race was "a substantial motivating factor" in decisions not to promote her beyond an assistant nurse manager supervisor. Both Bacon and Cohen claimed that they were treated different... More...   $1000000 (08-22-2008 - KY)

Conner brought suit against State Farm, alleging that State Farm violated Kentucky's Civil Rights Act, KY. REV. STAT. § 344.040(1), by discriminating against... More...   $0 (04-16-2008 - KY)

The plaintiff, Deborah Prechtel, appeals the district court's grant of summary judgment to the defendant, Kellogg's, doing business as Kellogg's Snacks, on Prechtel's state-law claims of sex-based discrimination, retaliation, and unequal pay. The district court held that the plaintiff failed to adduce any evidence to establish a genuine issue of material fact regarding the claims raised in her... More...   $0 (03-18-2008 - KY)

Plaintiff, Joseph Malloy, appeals the district court's grant of summary judgment in favor of the defendant Postmaster General of the United States Post Office ("Post Office"), on his claims of reverse gender discrimination, age discrimination, retaliation in violation of the Age Discrimination in Employment Act of 1967 and Title VII of the Civil Rights Act of 1964 and his combined claim of har... More...   $0 (02-26-2008 - KY)

Plaintiff-Appellant Aletha Wills ("Wills") filed suit in federal court against Defendant-Appellee Pennyrile Rural Electric Cooperative Corporation ("Pennyrile") alleging employment discrimination based on race in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-2, and the Kentucky Civil Rights Act, KRS § 344.040. The district court granted summary judgment in favor of ... More...   $0 (01-09-2008 - KY)

The Section 8 voucher program is a voluntary program through which the federal government provides rent subsidies to eligible low-income families who rent from participating landlords. See 42 U.S.C. § 1437f(a). The Fair Housing Act, also known as Title VIII, bars discrimination "against any person in the terms, conditions, or privileges of sale or rental of a dwelling . . . because of race ... More...   $0 (11-26-2007 - KY)

Timothy Morrison ("Morrison") was a student at Boyd County High School ("BCHS"). He is a Christian, and he believes that homosexuality is a sin. He further believes that part of his responsibility as a Christian is to tell others when their conduct does not comport with his understanding of Christian morality. During the 2004-05 academic year, BCHS had a written policy prohibiting students ... More...   $0 (11-06-2007 - KY)

On December 23, 2003, Rosietta Taylor and Linda Cannon brought a wrongful death action on behalf of the Estate of James Edward Taylor ("Estate") against the City of Louisville ("City"), the Louisville Police Department ("LMPD") and Detectives Mike O'Neil ("O'Neil") and Brian Luckett ("Luckett") of the Louisville Police Department. The claim arose from the December 5, 2002, shooting of James... More...   $0 (07-20-2007 - KY)

A.R., by her next friends M.R. and W.R., and M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on July 22, 2004, which dismissed all claims against the appellees, the Fayette County Public Schools (FCPS), the Board of Education of Fayette County (the Board), Michael Brady, and Earl Stivers.3 Having concluded that the... More...   $0 (01-20-2007 - KY)

David Trudell claimed that he was treated unfairly in the workplace by LexTran because of his disability of blindness and that he was ultimately terminated because he was blind. LexTran contended that all decisions related to Mr. Trudell's employment were based on legitimate business necessity and that he became so ill in late 2001 and early 2002 that he was no longer able to perform the essentia... More...   $0 (01-20-2006 - KY)

The defenses asserted by the defendants are not available.... More...   $1150000 (01-12-2006 - KY)

Plaintiff Equal Employment Opportunity Commission ("EEOC") appeals the district court's dismissal of its case on defendants' motion for summary judgment. The suit is a public enforcement action under the Age Discrimination in Employment Act ("ADEA") against defendants the Kentucky Retirement System, the Jefferson County Sheriff's Office, and the Commonwealth of Kentucky (collectively "Kentuc... More...   $0 (09-26-2005 - KY)

Jones worked at the company's gaseous diffusion plant in Paducah, Kentucky, from June of 1988 until his discharge as part of a reduction in force (RIF) on July 5, 2000. Jones first worked at the plant as an industrial hygiene technician and later moved into the environmental compliance department. In early 1995, he became the manager of the support services department, and in 1998 he tran... More...   $0 (09-09-2005 - KY)

Employment discrimination claims pursuant to 42 U.S.C. 2000e by two black former Kentucky Lottery Corporation employees who claimed that they were discriminated against because of their race and retaliated against for complaining of the discrimination. Ursella Riles claimed that she was told by co-workers that they did not want blacks working in their department. She quit after 9 years of emp... More...   $2800000 (02-17-2004 - KY)

FACTS On October 14, 1991, Frank Ferrante sustained an eye injury from a shattered cutting tool similar to a drill bit, commonly referred to in the industry as an end mill. It is signific... More...   $471343 (12-16-2003 - KY)

Civil Rights - Administrative Law: Lexington-Fayette Urban County Human Rights Commission (the Commission) and Meloris Baker appeal from an Opinion and Order of June 14, 2002, of the Fayette Circuit Court. The circuit court vacated a decision of the Commission that had favored Baker; it ordered the Commission to conduct a new hearing on her charge of discrimination against the appellee, Wa... More...   $0 (07-11-2003 - KY)

Kin Gibson was terminated from his job with the City of Louisville in 1998. Gibson sued the City, arguing that he was fired in retaliation for requesting leave under the Family and Medical Leave Act (FMLA). The jury returned a verdict in favor of the City. Gibson now appeals, contending that the district court's instruction to the jury contained an inaccurate statement of the law. For the reaso... More...   $0 (07-16-2003 - KY)

On January 11, 1999, IDEA and section 504 evaluation teams convened by the school system determined that N.L. was ineligible for special assistance under either statute. Ms. C. was the sole dissenting member of both teams. After N.L. was determined ineligible, Ms. C. requested a due process hearing for her daughter under the IDEA. At the conclusion of the due process hearing, the administrative l... More...   $0 (01-17-2003 - KY)

Delta claimed that Ziegler was terminated after she was accused of traveling for free with the airlines while on sick leave. ... More...   $770000 (01-10-2003 - KY)

In this discrimination case, plaintiff David W. Mahon sues Craven Crowell, Johnny H. Hayes, William H. Kennoy, Skila Harris, and Glenn L. McCullough in their official capacities as directors of his employer, the Tennessee Valley Authority, alleging that TVA classified and fired him on account of a disability in violation of § 791 (commonly referred to as § 501) of the Rehabilitation Act of 1973 a... More...   $0 (06-28-2002 - KY)

Plaintiffs-appellants, Medicaid recipients with tobacco-related illnesses, appeal the dismissal of their actions seeking injunctions against two states, Kentucky and Tennessee (the States). Plaintiffs seek to intercept tobacco settlement money due to the States under the Master Settlement Agreement between a number of settling states and tobacco manufacturers. We affirm the dismissal of Plaintiffs... More...   $0 (06-13-2002 - KY)

On January 16, 1998, Plaintiff filed a two-count complaint in the district court, alleging violations of the ADA and the Rehabilitation Act. On July 21, 1998, Plaintiff amended its complaint, adding as a third cause of action denial of substantive due process. According to the district court's opinion, Plaintiff also asserted a constitutional equal protection claim. Defendants filed an answer on A... More...   $0 (06-12-2002 - KY)

Defendants-Appellants appeal the order of the district court denying their motion for summary judgment on immunity grounds on plaintiff-appellee Sharon Gragg's claims of retaliatory discharge in violation of the First Amendment and the Kentucky Constitution. Because we conclude that the undisputed facts clearly demonstrate that the speech to which Gragg points as the reason for her discharge did n... More...   $0 (05-20-2002 - KY)

Mulhall is a Jefferson County, Kentucky, police officer. He was assigned to the Louisville Fugitive Task Force ("LFTF"), from March 14, 1994 to March 15, 1995. The LFTF is a joint effort of the FBI, U.S. Marshals Service, the Louisville Police Department, and the Jefferson County Police Department ("JCPD"). The JCPD's decision to remove Mulhall from the LFTF and reassign him, effective March 16, 1... More...   $0 (04-23-2002 - KY)

Claiming to be disabled from performing her automobile assembly line job by carpal tunnel syndrome and related impairments, respondent sued petitioner, her former employer, for failing to provide her with a reasonable accommodation as required by the Americans with Disabilities Act of 1990 (ADA), 42 U. S. C. §12112(b)(5)(A). The District Court granted petitioner summary judgment, holding that ... More...   $0 (01-08-2002 - KY)

Plaintiff Dr. Carol Ward, a chiropractor practicing in Kentucky, brings this action against defendants Alternative Health Delivery Systems, an HMO operating in Kentucky, and Physicians Consultant & Management Corp., which manages specialty care for Alternative Health Delivery Systems and other health benefit plans. Plaintiff was a participant in a network of medical care providers managed by Physi... More...   $0 (08-22-2001 - KY)

This appeal(1) presents questions concerning the nature and extent of circumstantial evidence needed to permit a reasonable inference of gender discrimination by school officials in the student-on-student sexual harassment context. The Spencer County School District ("Spencer")(2) appeals from the district court's denial of its post-trial motion for judgment as a matter of law. A jury found that S... More...   $0 (11-06-2000 - KY)

Defendants Adcom Wire Company and Leggett & Platt, Inc., appeal an order awarding Plaintiff Boyce A. Smith $100,000, plus attorney's fees and costs, for wrongful termination of employment based on a jury's finding of racial discrimination. Defendants claim that the district court erred in denying their post-verdict motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) because th... More...   $0 (07-17-2000 - KY)

Civil Rights - Employment Discrimination - Kentucky Civil Rights - The facts which gave rise to this litigation are unknown at this time.... More...   $0 (01-19-1999 - KY)