Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit affirmed the dismissal of plaintiff's claims under state law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, as well as the grant of summary judgment for the City as to claims under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. The court held that plaintiff failed to plead facts sufficient on their face to state a plausible claim for a violation of the FLSA; the district court properly dismissed plaintiff's state law claims based on his failure to comply with Ala. Code 11–47–23; and the district court did not err in granting summary judgment in favor of the City as to plaintiff's Rehabilitation Act claims where plaintiff failed to make a prima facie showing that the City unlawfully failed to accommodate him or that he suffered an adverse employment action, plaintiff did not meet his burden of identifying a reasonable accommodation, and he did not show that he was constructively discharged. View "Boyle v. City of Pell City" on Justia Law

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Plaintiff, employed as a police officer with the city, filed suit under 42 U.S.C. 1983, alleging violation of his First Amendment rights when the city and the mayor arranged for plaintiff's termination based on plaintiff's support of a purported political enemy. The Eleventh Circuit reversed summary judgment for defendants and held that plaintiff did not voluntarily leave his employment with the city but rather was effectively terminated. Because a reasonable jury could conclude that plaintiff's resignation was not a product of his free will, plaintiff presented sufficient evidence to establish that he suffered an adverse employment action when his employment with the city ended abruptly. The court remanded for further proceedings. View "Rodriguez v. City of Doral" on Justia Law

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In 2007, plaintiff filed with the EEOC a charge of race and disability discrimination against her employer, the school board. In 2009, the Commission dismissed the charge and provided her notice of her right to sue within 90 days, but plaintiff failed to file within that period. Instead, in 2011, plaintiff filed a request for reconsideration with the Commission, which then vacated the dismissal of her first charge. The DOJ then granted plaintiff's request for a new notice of her right to sue about the same allegations of discrimination, and she filed suit within 90 days of the second notice. The district court then dismissed the complaint as untimely. The Fourth Circuit affirmed, holding that the Commission lacked the authority to issue the second notice of the right to sue and thus plaintiff failed to establish she was entitled to equitable tolling. View "Stamper v. Duval County School Board" on Justia Law

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Plaintiff filed suit against his former employers, alleging that the cars that he parks in his job as a valet parker are the interstate "materials" that bring his employer within the definition of an enterprise engaged in commerce such as to provide Fair Labor Standards Act (FLSA) coverage. The district court granted summary judgment for defendants and subsequently denied plaintiff's motion for reconsideration. The Eleventh Circuit held that because the cars plaintiff parks are "goods," not "materials," the ultimate consumer exception operates to exclude from the category of covered "goods" the handling of the cars at issue here. Accordingly, the court affirmed the judgment. View "Rodriguez v. Gold Star, Inc." on Justia Law