Recently, a federal court in Georgia granted a motion to dismiss a case involving wrongful termination and violations of the Equal Protection Clause, among other claims.
In Fareed v. Cobb County School District, Inc., Gary Fahreed worked as a school patrol officer for the Cobb County Public Safety Department from October 2012 until May 2013. When the students left for summer break, Fahreed assumed that he would resume his position after the next school year began. Instead, Fahreed was informed that his position had been moved from the Public Safety Department to the Cobb County School District. Fahreed was given instructions to complete an application and told by human resources for Cobb County School District to report on August 13, 2012 to complete the paperwork. Then, on August 9, the human resources department told Fahreed to not report to work until Fahreed had contacted them. On August 12, the human resources department instructed Fahreed to check with his supervisors before reporting to work. Later that day, human resources told Fahreed that he was disqualified from the position due to possessing a criminal background. Fahreed claimed that he had revealed his criminal conviction not only in the application, but also to his former employers.
Fahreed filed an action in court alleging intentional infliction of emotional distress, breach of the covenant of good faith and fair dealing, wrongful termination, and violation of the Equal Protection Clause of the Fourteenth Amendment. The defendant, Cobb County School District, filed a motion to dismiss under 12(b)(6), failure to state a claim upon which relief could be granted.
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