jcb
always emerging from hibernation
- Joined
- Apr 28, 2007
Most will remember the lawsuits brought against Disney by fired IT workers claiming they were required to train their replacement foreign workers in the US on an H1B visa as a condition of receiving severance pay.
Charles wrote an article when the court denied class certification: https://www.wdwinfo.com/news-storie...-disney-does-not-meet-class-action-standards/
The court also dismissed a prior lawsuit claiming Disney and the companies that employed the H1B workers violated federal Racketeering laws. https://www.wdwinfo.com/news-stories/judge-dismisses-it-workers-lawsuit-against-disney/
Yesterday, the federal court dismiss the IT workers race and national origin discrimination claims, giving two reasons for the decision. First, several former workers failed to timely exhaust administrative remedies by filing a charge with the EEOC. The court refused to let these former workers "piggyback" off the charges other workers had filed.
Next, the court said the remaining workers' complaint was too confusing for the court to figure out what these workers claimed. It seemed, the court said, the workers were complaining about being fired but then they also complained about not being transferred into other positions. Rather than guess at the claims, the court dismissed all of them, but gave the workers until August 23 to file a complaint which clearly articulated the basis for their claims.
Federal discrimination decisions regard a firing decision as a separate transaction from not being transferred and complaints which allege multiple transactions are supposed to set out the transactions in separate counts. When one or even two former employees bring a lawsuit the confusion problem is not as acute as it is when there are 25 former employees suing and only some of the allege a failure to transfer claim.
Charles wrote an article when the court denied class certification: https://www.wdwinfo.com/news-storie...-disney-does-not-meet-class-action-standards/
The court also dismissed a prior lawsuit claiming Disney and the companies that employed the H1B workers violated federal Racketeering laws. https://www.wdwinfo.com/news-stories/judge-dismisses-it-workers-lawsuit-against-disney/
Yesterday, the federal court dismiss the IT workers race and national origin discrimination claims, giving two reasons for the decision. First, several former workers failed to timely exhaust administrative remedies by filing a charge with the EEOC. The court refused to let these former workers "piggyback" off the charges other workers had filed.
Next, the court said the remaining workers' complaint was too confusing for the court to figure out what these workers claimed. It seemed, the court said, the workers were complaining about being fired but then they also complained about not being transferred into other positions. Rather than guess at the claims, the court dismissed all of them, but gave the workers until August 23 to file a complaint which clearly articulated the basis for their claims.
Federal discrimination decisions regard a firing decision as a separate transaction from not being transferred and complaints which allege multiple transactions are supposed to set out the transactions in separate counts. When one or even two former employees bring a lawsuit the confusion problem is not as acute as it is when there are 25 former employees suing and only some of the allege a failure to transfer claim.
