Try our Advanced Search for more refined results
First Student Inc.
-
Filed: May 16, 2024 | Entered: May 16, 2024 Ramirez v. First Student, Inc.
442(Civil Rights: Jobs) | Illinois Northern
Minute
MINUTE entry before the Honorable Sunil R. Harjani: Defendant's motion to dismiss 21 is denied. The motion lacks merit. The Complaint sufficiently alleges a plausible claim for Title VII religious discrimination. Taking the allegations as true when considering a Rule 12(b)(6) motion, Plaintiff has alleged facts to plausibly demonstrate she had a sincerely held religious belief (namely her Christian faith and why she believed vaccination was inconsistent with it), that she requested an accommodation with her employer (namely an exemption from the vaccination requirement), and that, instead of being accommodated, she suffered an adverse employment action (namely, she was terminated). Plaintiff also alleges she was never told about weekly testing (defendant's proposed accommodation) and thus Defendant's proffered accommodation is an issue of fact to be decided later and cannot be resolved at the motion to dismiss stage. In their motion, Defendant seeks a level of detail that go well-beyond what is required by Federal Rule of Civil Procedure 8(a) and the Supreme Court's decision in Bell Atlantic v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Some of Defendant's arguments also completely miss the mark. Doc. 22 at 5. For example, Defendant claims it does not know who discriminated against her, but the Complaint names Ms. Harty. Defendant claims it does not know when, but the Complaint identifies specific dates in September and October 2021. Defendant argues that it does not know how they discriminated against her, but the Complaint states that Plaintiff was denied an accommodation when she requested a religious exemption from the vaccine requirement. Defendant is puzzled about what harm Plaintiff suffered, but the Complaint alleges that she was terminated, and she lost her job. Thus, the Complaint sufficiently states a cause of action. Defendant shall answer the Complaint by 6/6/2024. By 6/6/2024, parties shall file a joint initial status report. A template for the Joint Initial Status Report can be found on the Court's web page. Telephonic status conference set for 6/13/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/16/2024)
-
Motion | Filed: May 15, 2024 | Entered: May 15, 2024 Fonseca v. First Student Inc.
442(Civil Rights: Jobs) | Illinois Northern
Motion
MOTION by Respondent First Student Inc. for extension of time /DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING
(Gaskin, Jenee) (Entered: 05/15/2024) -
Filed: May 15, 2024 | Entered: May 15, 2024 Fonseca v. First Student Inc.
442(Civil Rights: Jobs) | Illinois Northern
Attorney
ATTORNEY Appearance for Respondent First Student Inc. by Jenee Gaskin (Gaskin, Jenee) (Entered: 05/15/2024)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login