Employment Discrimination Report Index-Summary

ABETTING

ABILITY TESTING

– Age bias, 71-year-old lifeguard's firing over swim test (E.D.N.Y.), 35:457
– Sex bias, fired female trucker may sue, injured male workers not tested (4th Cir.), 34:476

ABORTION

– Religious bias, nurse's objections to abortions, no private right of action under Church Amend. (2d Cir.), 35:636

ABSENCES FROM WORK

– Attendance

See ATTENDANCE

– Leave

See LEAVE; specific types of leave
– – Family and medical leave

See FAMILY AND MEDICAL LEAVE; FAMILY AND MEDICAL LEAVE ACT (FMLA)

– – USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

ACADEMIC INSTITUTIONS

See EDUCATIONAL INSTITUTIONS

ACCESS TO RECORDS

– Compliance review, OFCCP denied access to hiring data after scheduling letter (DOL OALJ), 35:203

ACCIDENTS

– Disability benefits

See DISABILITY BENEFITS

– Injuries

See INJURIES AND ILLNESSES

– Insurance, Ariz. state employees' domestic partners, state law limiting eligibility, injunction issued (D. Ariz.), 35:161
– Workers' compensation

See WORKERS' COMPENSATION

ACCOMMODATION

– Disabilities

– – ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– – Rehabilitation Act

See REHABILITATION ACT

– – State law claims

See DISABLED EMPLOYEES

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADMINISTRATIVE LAW JUDGES (ALJs)

– Disability and national origin bias, and retaliation, HUD ALJ's accommodation, harassment and marginalization complaint (D.D.C.), 34:251

ADR

See ALTERNATIVE DISPUTE RESOLUTION (ADR)

ADVERSE ACTIONS

– Age bias

– – Data collection employee's cubicle relocation not adverse (11th Cir.), 34:271
– – Insurance adjuster given additional territory for new office could not show adverse action (11th Cir.), 35:393
– – Suspensions sufficient adverse for security guard's claims against hospital (E.D.N.Y,), 35:586

– Corporate Equality Center report on “best practices” for adverse impact analyses, 35:301
– Disability bias and retaliation, school employee had no claim for lateral transfer and diabetes not disability (E.D.N.C.), 35:83
– Disability bias, employment action may not be needed for failure to accommodate claim (N.J.), 35:337
– Racial and sex bias, and retaliation, Praxair employee repeatedly asked to stay and promoted cannot prove bias or constructive discharge claims (2d Cir.), 35:634
– Racial bias and retaliation, teacher's possible lateral move due to surplussing not adverse (S.D. Ohio), 34:608
– Religious bias and retaliation, Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760
– Religious bias, medical leave imposition, flight attendant's new job acceptance undercuts constructive firing claim (N.D. Ill.), 34:252
– Retaliation

– – Absent without leave status and physical contract insufficient for materially adverse standard (10th Cir.), 34:537
– – Accountant given cold shoulder (10th Cir.), 34:205
– – Dog track worker's constructive discharge claim fail (8th Cir.), 34:447
– – Educational institutions

– – – Capella Univ. employee had no reasonable belief activity protected, no adverse action involved (Minn.), 35:310
– – – Vanderbilt Univ. researcher's claims over grant proposals reinstated (6th Cir.), 34:178; (U.S., rev den), 35:411

– – Energy executive told “career is dead” if she files action, insufficient (D.C. Cir.), 34:475
– – Field training duties denial was adverse, officer's claim reinstated (5th Cir.), 35:283
– – HUD lawyer's transfer could be adverse (D.C. Cir.), 34:504
– – Motorola worker's claims rejected, coworker alienation insufficient (E.D. Pa.), 34:729
– – N.Y. workers participated in investigation, claims revived under “materially adverse” standard (2d Cir.), 34:149
– – Office space denial is adverse by proof problems with communications professor's claim (1st Cir.), 34:326
– – Pharmacist had no reasonable belief of action, protected activity not shown, verdict overturned (11th Cir.), 34:623
– – Philadelphia streets department laborer's claims time-barred and insufficient, upheld (3d Cir.), 35:390
– – Res-Care worker's claim on corrective action and tension insufficient (7th Cir.), 35:132
– – Secret Serv. analyst's claims about ostracism and workload revived (D.C. Cir.), 35:154
– – Speech pathologist's claims revived, actions taken after advocacy for students (10th Cir.), 34:237
– – Suspension of USPS worker adverse despite rescission (2d Cir.), 34:42
– – Tax auditor failed to show inaction on race bias complaints retaliatory (2d Cir.), 34:621
– – Trade secret misappropriation allegation (D. Colo.), 35:670
– – USPS worker's claim based on meeting after complaint rejected (D. Or.), 35:197

– Sex bias and retaliation

– – Corporal's claims rejected, many adverse actions time-barred (11th Cir.), 35:104
– – Forest Serv. worker's claims rejected, assignment change not adverse (D. Colo.), 35:346

– Sex bias, FAA manager's lateral transfer (D.C. Cir.), 34:35
– Sexual harassment and retaliation

– – Fire department took corrective action, no pecuniary loss on transfer (N.D. Ind.), 34:727
– – School employee's claims (Or. Ct. App.), 34:18

AFFIRMATIVE ACTION

– Access to hiring data after compliance review scheduling letter, OFCCP denied (DOL OALJ), 35:203
– Ariz. preferential treatment ban signed, 35:666
– Attorney-client privilege recommended for federal contractors' self-audits of pay and hiring disparities, 35:88
– Construction industry, advocacy groups focus on barriers to women and minorities, 34:173
– Disabled persons, federal contractors' obligations, OFCCP rulemaking comments requested, 35:126; official says no deadline set, 35:348
– Diversity in federal employment

– – Coast Guard, House panel hearing, 34:502
– – Disabled persons

– – – Executive order, 35:125
– – – Natl. Disability Employment Awareness month, proclamation and goals, 35:387
– – – OPM guidance, 35:564

– – EEOC FY 2009 annual report, 35:125
– – Fish and Wildlife Serv. criticized, 35:56
– – Hispanics, OPM report, 34:502
– – MSPB report, 34:148

– Financial reform law, minority and women inclusion offices, 35:127
– Green jobs sector, conference discussion on boosting representation of women, 35:302
– Health care contractors

– – Natl. Employment Law Inst., discussion of OFCCP powers, 35:488
– – Subcontractor status and danger of complacency, Analysis, 34:490
– – TRICARE, OFCCP jurisdiction over participating hospital (DOL OALJ), 35:492

– I-9 form inspections during onsite compliance reviews discontinued, 35:565
– Ill. disadvantaged business rules apply to firms involved in state-funded projects, 35:138
– Law firms, diversity declines, Natl. Ass'n for Law Placement report, 35:563
– Natl. Employment Law Inst. briefing, responding of OFCCP information requests, 35:486
– OFCCP agenda

– – Natl. Employment Law Inst., management attorney discusses, 35:487
– – Special Report, 34:138

– Recordkeeping

– – Attorneys recommend federal contractors document hiring processes, 35:445
– – Engineering and construction services provider's settlement with OFCCP (DOL OALJ), 35:542

– San Francisco ordinance for bid discounts to women-owned and minority-owned firms struck down (Cal.), 35:188
– South African employment equity laws do not apply to foreign workers, 35:89

AFFIRMATIVE DEFENSES

See generally DEFENSES

AFSCME

See STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

AGE DISCRIMINATION

– Ed. Note: This heading primarily covers state, international law, and non-ADEA claims. For cases involving ADEA or both state and ADEA claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).
– Alaska

– – Anchorage Sch. Dist., mixed-motive analysis (Alaska), 35:538
– – Forester's claims insufficient (Alaska), 35:139

– California

– – Arbitration

– – – Judicial review of award, claim revived (Cal.), 34:512
– – – NCR policy “unconscionable” (N.D. Cal.), 35:401

– – Demotion, “me too” proof of Vons manager (Cal. Ct. App.), 34:688
– – Google manager told “too old to matter” and not “cultural fit” may sue, rejection of stray remarks doctrine (Cal.), 35:158
– – Guitar sales VP's replacement of slightly younger employee may be sufficient, claims reinstated (Cal. Ct. App.), 35:311
– – Los Angeles considers oversight panel for bias and harassment claims, 35:338

– Connecticut

– – A&P liquor store manager may sue despite alleged performance failure (D. Conn.), 35:228
– – Relation back doctrine barred for union member's claim (Conn. App. Ct.), 35:314

– D.C., legal malpractice (D.C.), 35:578
– Exhaustion of remedies, UPS worker cannot piggyback on coworker filings (11th Cir.), 35:637
– Florida

– – Miami TV reporter, front pay (Fla. Cir. Ct.), 35:287
– – Work assignments, adjuster given additional territory for new office could not show adverse action (11th Cir.), 35:393

– Hiring, difficulty of unemployed workers over 55 finding work, Sloan Center report, 35:600
– Ky., demotion (Ky. Ct. App.), 35:139
– Md., building chief failed to give notice (Md. Ct. Spec. App.), 34:721
– New Jersey

– – Automotive salesman offered independent contractor status and urged to retire may sue (D.N.J.), 34:628
– – Nonrenewal of employment contract, hiring and promotion over 70 exclusion not applicable (N.J.), 34:687

– New York

– – Disparate impact must occur within state, dismissal of Atlanta-based magazine employee's suit (N.Y.), 35:48
– – “Mixed-motive” still available despite Gross ruling on “but-for” causation (S.D.N.Y.), 34:125

– Ohio, jury instruction error on “replacement” method of proof (Ohio Ct. App.), 34:514
– Texas

– – Arbitration pact not illusory, validity not affected by employee manual (D. Md.), 35:507
– – Statutes of limitations, proof of unintentional jurisdictional error lacking (Tex.), 34:421

– UK, mandatory retirement, Web insights, 34:197
– Unemployment, longer duration for older workers

– – EEOC hearing, 35:563
– – U.S. Comm'n on Civil Rights hearing, 34:709

– Vt. state troopers and public safety officers, mandatory retirement (Vt.), 35:139
– Va., bias prohibition against state workers, 34:217; new directive issued, 34:338
– W.Va., new trial denial despite excluded evidence (W.Va.), 35:578

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Ed. Note: This heading includes ADEA and combined state and ADEA claims. For cases involving only state law claims or non-ADEA claims, see AGE DISCRIMINATION.
– Arbitration cost provisions of eBay pact severable (10th Cir.), 35:573
– Bankruptcy claims, union's allocation of shares not breach of fair representation duty (E.D. Mich.), 35:26
– Burden of proof

– – Astra Zeneca salesperson's firing, isolated remarks insufficient (1st Cir.), 34:184
– – Attorney fired in reorganization called “old man of operation,” stray remark insufficient (3d Cir.), 34:120
– – Bell Helicopter lacks “extraordinary circumstances” to vacate pre-Gross verdict (11th Cir.), 34:536
– – Cheating on test, hospital workers' claims (5th Cir.), 34:353
– – Coal handler did not identify similarly-situated worker (10th Cir.), 34:593
– – Hospital nonprofit employee fired at 62, claim reinstated, executive's comments raise “but for” issue (11th Cir.), 34:263
– – Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– – Recreation bureau worker's claim over firing, “but-for” causation standard not in conflict with McDonnell Douglas burden-shifting paradigm (3d Cir.), 34:7

– Cash balance plans

– – AT&T conversion does not violate ADEA or ERISA (D.N.J.), 35:55
– – Bankcorp plan, ERISA prohibition against benefit accrual rate reduction (8th Cir.), 34:43
– – El Paso plan upheld (D. Colo.), 35:197
– – Solvay, employer's summary judgment on conversion upheld (10th Cir.), 35:336

– Class actions

– – FDIC employees did not show disproportionate impact of RIF (D.C. Cir.), 35:241
– – Law firm sued by EEOC for alleged bias against partners over 70 (S.D.N.Y.), 34:191
– – Life insurance, retirees' disparate impact claims (D. Kan.), 35:84
– – San Francisco officers' putative promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343
– – TV writers to settle (Cal. Super. Ct.), 34:128

– Collective bargaining, principal's unfavorable treatment claims related to pact negotiations (2d Cir.), 34:714
– Damages

– – Allstate sales force rehiring policy, settlement of disparate impact claims (E.D. Mo.), 34:20
– – Auto dealer's settlement of bias claims of fired workers (D. Colo.), 34:71
– – Box manufacturer, managers' firings (D. Ariz.), 35:19
– – Country club restaurant server's constructive discharge claim (D. Colo.), 34:72
– – Factory worker's liquidated damages award upheld (6th Cir.), 35:163
– – Jet parts manufacturer, promotion denial and poor review (D. Md.), 34:691
– – Solid waste disposal firm, class action suit over firings and job transfers (D. Nev.), 35:398
– – Staffing firm's biased referral decisions (N.D. Ohio), 35:195

– Demotions, school administrator does not need “pretext plus” evidence for claim (10th Cir.), 35:278
– Discovery

– – Default judgment as sanction against SSA in attorney's promotion denial suit (EEOC), 34:99
– – K-Mart executive may deposed corporate officers (6th Cir.), 34:427
– – School board worker laid off and demoted entitled to email (E.D. Va.), 35:403

– Disparate treatment

– – Hiring, claim of former Boeing technician based on inconsistent performance evaluations (10th Cir.), 34:13
– – JetBlue employee's evaluation and discipline complaints (2d Cir.), 34:233
– – Reinstatement, UPS driver fired for accident at 56 and not rehired has no claim (10th Cir.), 35:6

– Employee status, marketing representative was an independent contractor (8th Cir.), 34:265
– Enforcement action on attorney's reemployment claim, DOJ compliance (9th Cir.), 34:650
– Equal protection. pilot's challenge to nonretroactivity of 2007 law that raised age limit, but restricted reinstatement of retirees (D.D.C.), 34:696
– Evidence

– – Burden of proof

See Burden of proof, this heading

– – Exhaustion of remedies, pro se litigant's “belated evidence” of exhaustion improperly rejected (4th Cir.), 34:121
– – Nonparties' claims alleging bias, Sprint rulings

– – – “Me, too” claims, impact on evaluation, Analysis, 34:79
– – – “Other employee” testimony exclusion upheld (10th Cir.), 35:567

– – “Other employee” testimony exclusion upheld (10th Cir.), 35:567

– Exhaustion of remedies

– – EPA workers' claims (10th Cir.), 34:303
– – Summary judgment dismissal improper, exhaustion is jurisdiction not affirmative defense (10th Cir.), 35:470
– – USPS worker sued before final ruling of EEO office (5th Cir.), 35:447

– Hiring

– – Attorneys

– – – NLRB lawyer lacked appropriate experience (Cal. Ct. App.), 35:161
– – – Staff position, lawyer did not prove superior qualifications (5th Cir.), 35:68

– – Online applicant of nursing homecare job (3d Cir.), 34:270

– Jurisdiction lacking when challenge to FAA order, designated engineering representative not considered employee (5th Cir.), 35:214
– Jury instructions erroneous for federal standard but valid under state law upheld (8th Cir.), 35:397
– Law enforcement exception, Library of Congress police group's claims rejected (D.D.C.), 34:367
– Layoffs

– – Newspaper advertising director may sue, sufficient “but for” proof (E.D. Mo.), 34:607
– – Rehiring denial of troublesome employee not bias (6th Cir.), 34:533

– Light-duty request, employee who could not lift 70 pounds was unqualified for job (11th Cir.), 34:654
– Management retention pool, plan exclusion one month after settlement of bias charges (W.D. Pa.), 34:524
– “Ministerial exception” applies to Catholic Diocese director's claims (10th Cir.), 35:101
– Misconduct

– – Abusive phone call to supervisor, no evidence of younger replacement for factory manager (6th Cir.), 35:605
– – Claims representative fired for breach of gift policy (5th Cir.), 34:479
– – Fighting with coworkers, factory worker's firing upheld (7th Cir.), 35:335
– – Gas credit card given to mistress, insurance executive's firing upheld (11th Cir.), 34:565
– – “No show” violation, firing of Target worker upheld, replacement by younger employee not shown (10th Cir.), 35:108
– – Nonprofit administrator's firing for opening separate banking account (1st Cir.), 35:632
– – Nursing aides denied rehire for refusal to work extra shift (3d Cir.), 34:241; (U.S., rev den), 35:411
– – Office Depot manager fired for misuse of “money” card may sue (D.N.M.), 34:665
– – Petty cash investigation of warden, forced retirement (5th Cir.), 35:532
– – Pharmaceutical sales representative's firing for falsification of sales calls, upheld (7th Cir.), 35:601
– – Physician fired for time record falsification and disciplinary issues (D.D.C.), 35:227
– – Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194
– – Sexual harassment, 69-year-old manager fired for harassment (5th Cir.), 34:299; affirmed, 34:419
– – Social worker threatened to kill supervisor (10th Cir.), 35:449
– – Trucking firm worker's claims rejected, insubordination firing upheld (7th Cir.), 34:586
– – Walgreen pharmacist fired for giving discounts and other company violations (7th Cir.), 35:212

– Nonrenewal of contracts, replacement of teacher by younger intern driven by economics and performance (10th Cir.), 34:36
– OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– Pensions

See generally Retirement, this heading

– Performance, job

– – A&P liquor store manager may sue (D. Conn.), 35:228
– – BMW salesman did not met quota (1st Cir.), 35:448
– – Bus driver fired for accidents (8th Cir.), 34:684
– – Coach's reappointment denial (6th Cir.), 34:209
– – CVS creative director may sue for firing (D.R.I.), 34:485
– – Human resources manager's ethics complaints (3d. Cir.), 35:659
– – K-Mart manager's reprimand and constructive discharge claims rejected (10th Cir.), 35:472
– – Nonprofit health organization worker cannot show younger replacement (10th Cir.), 35:500
– – Research scientist's claims (3d Cir.), 35:500
– – Rudeness, manager's firing (6th Cir.), 35:43
– – Special education teacher fired for poor evaluation (2d Cir.), 35:609

– Pleading

– – Probation counselor failed to allege bias on intake questionnaire (10th Cir.), 35:634
– – Teacher given leave to amend complaint (D. Md.), 35:458

– Promotions

– – Admission director applicant's verdict upheld, employer changed reason for rejection (8th Cir.), 35:5
– – Controller lacked leadership skills (3d Cir.), 34:357
– – Data collection employee claim fails, no vacant jobs (11th Cir.), 34:271
– – DOD worker's claims reinstated (6th Cir.), 35:566
– – Mixed-motive, federal worker's claim viable (D.C. Cir.), 35:656
– – Patent and Trademark Office workers' “accretion-of-duties” claims fail (4th Cir.), 35:105

– Protected age group, USPS mail carrier fired for losing key was only 36 (10th Cir.), 34:411
– “Reasonable factors other than age” defense

– – EEOC rule proposed, 34:203; employer impact, Web insights, 34:377; delayed, regulatory agenda, 34:501
– – Reinstatement of judgment improper under “mandate rule” (2d Cir.), 34:8; (U.S., rev den), 35:451

– Retirement

– – Baltimore County, older new hires' pension contribution rates (4th Cir.), 35:43
– – Early retirement

– – – Corrections agency's “age 55 cliff” program and health benefits, ADEA violation (D. Minn.), 34:551; payment ordered, 34:750
– – – Laid-off workers' claims over eligibility and plan amendment (8th Cir.), 34:448

– – ERISA

See ERISA

– – Fire district settlement, denial of retirement credits to volunteers over 55 (E.D.N.Y.), 34:517
– – University of P.R., pension eligibility and contributions (D.P.R.), 34:244
– – UPS workers' suit against plan sponsor under identity of interest incorrect, no leave to amend complaint (6th Cir.), 35:450

– RIFs

– – American Eagle pilot instructors over 60 may sue, younger workers hired (N.D. Tex.), 34:728
– – Bindery worker failed to show younger replacement (6th Cir.), 34:177
– – Maintenance supervisor fired after buyout may sue (D. Me.), 34:578
– – Police officer may sue over disbanding of force (M.D. Pa.), 35:543
– – Sales personnel

– – – Heavy machinery salesman may sue, 59-year-old worker questioned about retirement plans (N.D. Ind.), 35:588
– – – Heightened proof standard sinks employee's claim, worker left before RIF (6th Cir.), 34:657

– Settlement pact consisting of emails enforceable even though employee had not signed (N.D. Ill.), 35:398
– Sovereign immunity

– – 11th Amend. bar on suit against state by nurse accused of patient abuse (5th Cir.), 34:10
– – Foreign Sovereign Immunities Act's commercial activity exception based on Taiwanese worker's civil servant determination (S.D. Tex.), 34:396

– Statutes of limitations

– – Baxter Healthcare worker's claims not filed within 300 days (3d Cir.), 35:331
– – County worker's insubordination firing for failure to cooperate in investigation upheld, bias claims time-barred (6th Cir.), 34:622
– – Hiring, misrepresentation by firm, late filing allowed (D. Me.), 34:522
– – Performance appraisals, need for job description (D.C. Cir.), 34:208
– – Promotion denial claims untimely, Ledbetter law cannot revive (D.C. Cir.), 34:236
– – Wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39

– Suspensions sufficient adverse for security guard's claims against hospital (E.D.N.Y,), 35:586
– Testing, 71-year-old lifeguard's firing over swim test (E.D.N.Y.), 35:457
– Transfers, officer's rescinded move not bias (7th Cir.), 35:661
– Travel request denial due to sick leave convalescent location policy (6th Cir.), 34:417
– Wellness programs, compliance with anti-bias laws, Congressional Research Serv. report, 35:303
– Work assignments, denial of foreign service worker's assignment due to retirement requirements (D.D.C.), 35:457

AIDING AND ABETTING

– Insurance agent's firing after request for additional disability, state claims against supervisors (E.D. Pa.), 35:54
– Security guard's retaliation claims against hospital employees proceed (E.D.N.Y,), 35:586

AIDS AND HIV

– China, teacher's hiring refusal claim to be heard, 35:350
– Manager fired one day after condition disclosure may sue under ADAAA (N.D. Ill.), 34:548

AIR LINE PILOTS (ALPA)

– Age bias, allocation of bankruptcy claim shares not breach of duty (E.D. Mich.), 35:26

ALABAMA

– Birmingham, interlocutory injunction over personnel board appointments merged with final order, no appellate jurisdiction (11th Cir.), 34:535
– Gadsden, racial bias, firefighter's equal protection and due process claims rejected (11th Cir.), 34:592
– State Univ. Bd. of Trustees, age bias, trustee age limit does not violate equal protection (11th Cir.), 34:306
– Transportation Dep't, racial bias, engineer's promotion denial verdict sufficient, remand on back pay (11th Cir.), 34:275
– Tuscaloosa Housing Auth., racial bias and retaliation, manager fired for insubordination and dishonesty (11th Cir.), 35:106
– Tuskegee, racial bias, prosecutor appointed by city council not “employee” (M.D. Ala.), 35:85

ALASKA

– Anchorage Sch. Dist., age bias, mixed-motive analysis (Alaska), 35:538
– Natural Resources Dep't, age, disability, and sex bias, forester's claim insufficient (Alaska), 35:139
– Sex bias and retaliation, immunity for governor's aides nullified by GERA (U.S., rev den), 34:66

ALCOHOL

– Abuse

See DRUG AND ALCOHOL ABUSE

ALIENS

– Discrimination

See NATIONAL ORIGIN DISCRIMINATION

– Documentation

See UNDOCUMENTED WORKERS

ALJs

See ADMINISTRATIVE LAW JUDGES (ALJs)

ALPA

See AIR LINE PILOTS (ALPA)

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– CVS Caremark and EEOC mediation agreement, 35:57
– European Union, use study, Web insights, 34:403
– Mandatory arbitration

See MANDATORY ARBITRATION

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICANS WITH DISABILITIES ACT (ADA)

– Ed. Note: This heading includes ADA and combined ADA and state law claims. For cases involving state law claims and general stories on disabled individuals, see DISABLED EMPLOYEES.
– ADA Amendments Act

– – ABA conference discussion

– – – Defense on claim's merits, employers should be prepared, 34:376
– – – Defense on merits, employers should be prepared, 34:376
– – – EEOC proposed rule, comments on, 34:399; business and civil rights groups criticize slow pace on final rule, 35:348; Comm'r Feldblum expects reasonable accommodation guidance, 35:548
– – – Policy reviews recommended, 35:551

– – EEOC regulatory agenda, rule expected, 34:501; D.C. Bar session, Comm'r Lipnic discusses, 34:670
– – Practising Law Inst., impact on summary judgment dismissals, 35:432

– Anniversary of

– – EEOC celebrates, 35:37; awards ceremony, 35:127
– – House panel examines progress, 35:126

– Bankruptcy

– – Northwest Airlines worker's claims barred (D. Minn.), 34:725
– – US Airways worker's claims arising after confirmation not discharged (4th Cir.), 34:332; (U.S., rev den), 35:411

– Burden of proof, no entitlement to “mixed motive” recovery, “but for” causation required for bias in firing (7th Cir.), 34:89
– Business-necessity defense, hearing aid ban for court security officers undergoing mandatory hearing tests (U.S., rev den), 34:94
– Class actions, Cal. state workers' action for deaf and hearing-impaired (Cal. Super. Ct.), 34:680
– Damages

– – Beverage distribution firm, medical leave policy (N.D. Ill.), 34:310
– – Road construction firm, rescinded job offer to diabetic (M.D. Pa.), 35:396
– – Seasonal affective disorder, teacher denied windowed room (W.D. Wis.), 35:453
– – Staffing firm's revocation of offer to blind worker (N.D. Ill.), 35:19
– – Ventura County's hiring refusal of deaf social worker (C.D. Cal.), 35:165
– – Workers' compensation leave policy, distribution of class action settlement (N.D. Ill.), 34:189

– Discovery

– – Failure to timely answer request for admissions, dismissal (8th Cir.), 34:331
– – Metadata, employer's delay in production not subject to Rule 37 sanctions (N.D. Ill.), 35:80
– – Number of employees and independent contractors, coverage, remand (2d Cir.), 34:693

– Domestic violence, leave for victims, NELA discussion, 35:463
– Duel-filed charge of ironworker, worksharing agreement with state agency (9th Cir.), 35:499
– EEOC settlements, digest, 34:190; 34:278
– Employee status, doctor under contract to P.R. corrections agency has no claim (1st Cir.), 35:607
– Essential job functions

– – Boat captain's license suspended for drug test refusal, firing upheld (2d Cir.), 34:389
– – Boiler operator's attendance (2d Cir.), 34:11
– – Bus driver unable to work more than 8 hours (6th Cir.), 35:137
– – Court reporter with incontinence. firing upheld, in-court duty essential (7th Cir.), 34:441
– – Flight attendant's attendance, verdict reinstated (5th Cir.), 34:387
– – Friendly's manager more than overseer, task reallocation not required (1st Cir.), 34:210
– – Hospital manager's onsite attendance, telework denial (S.D Ohio), 34:317
– – Human resources employee could only work at home, nonpromotion claims (E.D. Wash.), 35:645
– – Legal secretary with Grave's unable to function, firing upheld (D.C. Cir.), 35:39
– – Lifting 70 pounds, forklift accommodation unreasonable (11th Cir.), 34:654
– – Medical intern made medical errors (4th Cir.), 34:355
– – Medical resident with Asperger's, communications difficulties (6th Cir.), 35:661
– – Officer did not concede he was unable to perform his job, claims reinstated (3d Cir.), 34:620
– – School social worker with fecal incontinence (6th Cir.), 34:516
– – Store manager with post-traumatic stress not qualified (6th Cir.), 35:43
– – UPS worker's need for climate-controlled facility (5th Cir.), 34:305

– Evidence

– – Army worker's claims related to timeliness, hearsay, and authentication (6th Cir.), 35:12
– – Burden of proof, no entitlement to “mixed motive” recovery, “but for” causation required for bias in firing (7th Cir.), 34:89

– Exhaustion of remedies

– – Pro se litigant's “belated evidence” of exhaustion improperly rejected (4th Cir.), 34:121
– – USPS worker sued before final ruling of EEO office (5th Cir.), 35:447

– Hiring

– – Deaf applicant for open pit mine job (D. Minn.), 34:758; costs imposed against EEOC, 35:541
– – Recovering addict undergoing methadone treatment (W.D. Pa.), 34:432

– Judicial estoppel, sales representative's claims not barred by benefits application (2d Cir.), 34:269
– Medical exams and inquiries

– – Fitness tests

– – – Depressed dispatcher fired after failed exam, regarded as and exam requirement claims rejected (8th Cir.), 35:67
– – – “Prophylactic” measure for officer with “volatile” behavior (9th Cir.), 35:128

– – Health risk assessments, restrictions on use, Web insights, 34:141
– – HIV-positive manager fired one day after condition disclosure may sue under ADAAA (N.D. Ill.), 34:548

– Misconduct

– – Corrections officer's firing for intoxication upheld (3d Cir.), 34:413
– – Flying J worker with OCD, falsification of time sheets (D.N.M.), 35:479
– – Nonprofit administrator's firing for opening separate banking account (1st Cir.), 35:632
– – Police chief fired after DUI not “qualified” individual (7th Cir.), 34:333

– Natl. Employment Law Inst. briefing, practical tips for employers, 35:486
– Performance, job

– – Disability rights group employee's firing after return from stroke upheld, accommodation claim also fails (2d Cir.), 35:418
– – Team leader removal not due to diabetes (8th Cir.), 34:266

– Pre-employment inquiries, viability of claim based on pre-offer medical inquiry (11th Cir.), 34:59; Web insights, 34:197
– Prescription drugs

– – Obese worker on weight-loss drug, side effects, coverage when medically necessary (3d Cir.), 34:474
– – Testing policy, individuals must be disabled to pursue §12112(b)(6) challenge (6th Cir.), 35:534

– Promotions, accountant with MS, failure of regarded as claim and no substantial limits (10th Cir.), 34:205
– Psychotherapist-patient privilege

– – Emotional distress, waiver (10th Cir.), 34:183
– – Law firm denied, damages claimed for physical condition (N.D. Ill.), 35:510

– Reasonable accommodation

– – Bank teller with epilepsy fired after 10 absences, later start time request made (E.D. Mich.), 35:616
– – Cancer is “disability” under ADAAA even if in remission (N.D. Ind.), 35:318
– – EEOC Comm'r Feldblum calls for guidance, 35:548
– – Insurance agent's request for additional disability leave for radiation, boss failed to invoke interactive process (E.D. Pa.), 35:54
– – Interpreters

– – – Material handler not provided assistance at all meetings (D. Md.), 35:585
– – – UPS deaf clerk's claim (9th Cir.), 35:273

– – Office relocation request by UBS worker not reasonable (11th Cir.), 34:152
– – Painter's claim rejected, worker fired for absences failed to reveal depression (8th Cir.), 35:7
– – Parking space request for HUD ALJ (D.D.C.), 34:251
– – Pharmacy manager failed to communicate accommodation need (4th Cir.), 35:155
– – Restrooms, wheelchair user's accessibility claims (S.D. Fla.), 34:27
– – Rite Aid cashier's day shift denial, accommodation not limited to workplace arrival, commute consideration (3d Cir.), 34:440
– – Salesman who lost an eye denied telework during recovery may sue (D. Ariz.), 34:550
– – School counselor with post-polio issues reassigned to lab, claim revived (10th Cir.), 34:181
– – SSA employee's firing for absences upheld, telework not reasonable due to secure location need (Fed. Cir.), 34:418

– “Regarded as” disabled

– – Bank executive fired after suicide threat (D.N.D.), 34:135
– – Chef with anxiety disorder, return to work claims (M.D. Tenn.), 34:28
– – Coal miner's claim, no proof that company thought him limited (U.S., rev den), 34:123
– – Home nurse with temporary ischemic attacks, firing for patient neglect upheld (5th Cir.), 35:615
– – Pregnant welder involuntarily reassigned, claim revived (6th Cir.), 35:213
– – UPS driver denied return to work program, remand (6th Cir.), 34:655

– Res judicata

– – Grocery worker's claim, dismissal without sanctions (11th Cir.), 34:478
– – Nurse's federal firing claim not barred by state's dismissal for failure to join party and refile (2d Cir.), 34:150

– Retaliation

– – Employer status, resource center as “industry affecting commerce” (N.D. Cal.), 34:523
– – Karate instructor's claims related to weight issues properly dismissed (2d Cir.), 34:591
– – “Ministerial exception” inapplicable to lay teacher's claim (6th Cir.), 34:328
– – Quadriplegic employee fired 5 days after publicity for lawsuit may sue (N.D. Cal.), 35:198
– – Special education teacher's claim over evaluation and firing after math assignment rejected (2d Cir.), 35:609

– Return-to-work

– – Driver's per se bias suit over “100 percent healed” policy (N.D. Ind.), 34:288
– – Railroad dispatcher failed to produce release (8th Cir.), 34:680

– Rosa's Law

See LEGISLATION, FEDERAL, HR 4544, S 2781

– Sovereign immunity, county agency not shielded from suit (6th Cir.), 35:72
– Statutes of limitations

– – Baxter Healthcare worker's claims not filed within 300 days (3d Cir.), 35:331
– – Hospital worker's 7-year delay not excusable (3d Cir.), 35:568
– – La. State Univ. faculty member's claims over classrooms barred (5th Cir.), 34:120

– Substantial limit on major life activity

– – Art director's diabetes is minor limitation (1st Cir.), 34:264
– – Brain tumor removal, teacher's bias and “regarded as” claims fails (2d Cir.), 35:8
– – Coal handler did not identify broad class of jobs to show limitation in working (10th Cir.), 34:593
– – Corning plant maintenance engineer with leukemia and cardiac problem not disabled (W.D. Va.), 35:53
– – DuPont has not duty to accommodate depressed worker limited in thinking, no evidence of disability (5th Cir.), 35:423
– – Eye spasms of bank teller not disability, but sufficient for retaliation firing claim (M.D. Tenn.), 34:345
– – Flying fear stress not disability (1st Cir.), 35:657
– – Monocular vision of EAP counselor not disability, accommodation denial and outsourcing not bias (8th Cir.), 35:271
– – Nurse's sleep of less than 3 hours not substantial (6th Cir.), 34:65
– – Psoriasis not covered disability and waiter had walking limit (7th Cir.), 34:207
– – School employee's multiple sclerosis not limiting (8th Cir.), 35:218
– – Wine steward with night vision impairment, claims for firing and refusal of schedule adjustment revived (9th Cir.), 35:157

– Temporary conditions

– – Depression not disability, no exhaustion of “regarded as” claim (3d Cir.), 35:635
– – Pregnancy complications, failure-to-accommodate claim viable but proof only of temporary condition (S.D. Ind.), 34:575

– Third-party liability, medical disqualification of hearing-impaired contractor court security officers, remand (3d Cir.), 34:386
– Transfers

– – School employee had no claim for lateral move and diabetes not disability (E.D.N.C.), 35:83
– – Vacant position defined, job filled by temporary worker not open (10th Cir.), 34:711

– Wellness programs, compliance with anti-bias laws, Congressional Research Serv. report, 35:303

APPEALS

– Age bias, enforcement action on attorney's reemployment claim, DOJ compliance (9th Cir.), 34:650
– Breach of contract and nonpromotion, appellate jurisdiction over transferred claims (D.C. Cir.), 35:41
– Disability bias, school social worker did not preserve issues (6th Cir.), 34:516
– Interlocutory injunction over personnel board appointments merged with final order, no appellate jurisdiction (11th Cir.), 34:535
– Legal malpractice

– – Maternity leave, failure to appeal adverse ruling (Mass.), 35:188
– – Penalty for frivolous action, after-acquired evidence of client's felony not relevant to lawyer's mishandling of bias suit (Ga. Ct. App.), 34:337

– Racial bias, new trial order and mandamus, impact claims of county workers (6th Cir.), 34:743
– Special Panel on Appeals, chairman nomination for Walsh, 34:87

APPLICATIONS FOR EMPLOYMENT

– Hiring

See HIRING

ARBITRATION

– Age bias, judicial review of arbitration award, state claim revived (Cal.), 34:512
– American Ass'n for Justice, release of legislative agenda, 34:87
– Appeals, order denying all motions before removal of suit from state court not final appealable order (5th Cir.), 34:364
– Class actions

– – Credit card interest increase, courts not arbitrators decide whether bar on class relief unconscionable (3d Cir.), 34:599
– – Imposition of arbitration when pact silent in error (U.S., dec), 34:499; unresolved questions, BNA Insights, 35:90
– – Sterling Jewelers' agreement no bar to female employees' sex bias pay and promotion claims (S.D.N.Y.), 34:99; judge would now reverse ruling, citing recent Supreme Court decision, 35:196
– – Student loan fees, waiver unconscionable (2d Cir.), 35:141
– – Truck repossession and deficiency, separate tests for waiver for unconscionability and statutory rights (Cal. Ct. App.), 34:598
– – Wage and hour claims, waiver unconscionable (U.S., rev den), 34:67
– – Wireless telephone services, invalidation of waiver as unconscionable (U.S., rev grant), 34:617; lawyers discuss, 35:409; (oral arg), 35:536

– Constructive discharge, rebuttable presumption of arbitrability, contract employee need only submit contract claims not bias claims (2d Cir.), 35:400
– Disability benefits and layoff of temporarily disabled worker (Arb.), 34:162
– Fairness in Nursing Home Arbitration Act

See LEGISLATION, FEDERAL, HR 1237, S 512

– Mandatory arbitration

See MANDATORY ARBITRATION

– Racial harassment, reduced suspension for racist comment (Arb.), 35:509
– Sex bias and retaliation, arbitrators abused authority with order to reinstate in-house attorney as remedy (Wis.), 35:140
– Sex bias, arbitral finding of breast grabbing inadmissible in suspension suit (E.D.N.Y.), 35:582
– Sexual harassment

– – Attorneys' fees, trial court improperly set aside award, EEOC filing as precondition to fee award an open issue (Mich. Ct. App.), 35:23
– – Correctional officer's comments, just cause for suspension (Arb.), 34:281
– – Finger in overalls is bullying (Arb.), 34:162
– – “Little homosexual whore” namecalling, firing of harasser based on hearsay upheld (Arb.), 35:196
– – Off-color comments insufficient and many complainants not present (Arb.), 34:162
– – Reinstatement of alleged harassers

– – – Fire inspector (Cal. Ct. App.), 35:575
– – – Recreation department worker (Cal. Ct. App.), 35:537

– – Text messages, just cause discipline (Arb.), 35:509

– Sickness and accident benefit denial for rib fracture (Arb.), 35:141
– Spoliation, employer's award upheld despite lost evidence, 9-day hearing and long transcript (3d Cir.), 35:401
– Withholding payment of award, prohibition (S.D. Tex.), 34:664

ARIZONA

– Domestic partners of state employees, state law limiting eligibility for health and accident insurance, injunction issued (D. Ariz.), 35:161
– Maricopa County Community Coll., national origin and racial bias, qualified immunity for administrators who failed to discipline professor (9th Cir.), 34:619

ARKANSAS

– Forrest City, racial bias, firefighter arrested, claims rejected (8th Cir.), 35:307
– Hot Spring County, sexual assault by deputy, sheriff's individual and official immunity (8th Cir.), 34:239
– Retaliation, individual supervisor liability (Ark.), 35:578
– Sexual harassment, res judicata (Ark.), 34:453

ARMED SERVICES

– Coast Guard, diversity, House panel hearing, 34:502
– Intra-military immunity, sexual harassment and retaliation, dual status worker's claims barred by Frees doctrine (9th Cir.), 34:712
– Leave for military service

See MILITARY LEAVE

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Veterans

See VETERANS

ARTHRITIS

– Flexible work schedule, Navy technologist with arthritis still could not perform essential functions (3d Cir.), 34:152

ASSAULT

See VIOLENCE

ASSOCIATION DISCRIMINATION

– Intimate association, demotion for affair, firefighter has no 1st Amend. claim (11th Cir.), 34:594
– Political affiliation, recreation bureau worker's firing claim (3d Cir.), 34:7

AT-WILL EMPLOYMENT

See EMPLOYMENT AT WILL

ATTENDANCE

– Disability bias

– – Bank teller with epilepsy fired after 10 absences may sue for disparate treatment and failure to accommodate (E.D. Mich.), 35:616
– – Essential job functions

– – – Boiler operator (2d Cir.), 34:11
– – – Flight attendant, verdict reinstated (5th Cir.), 34:387
– – – Hospital manager's onsite presence, telework denial (S.D Ohio), 34:317
– – – Human resources employee could only work at home, nonpromotion claims (E.D. Wash.), 35:645

– – Sanitation worker's firing upheld, instruction for accommodation before shift not justified (Iowa Ct. App.), 35:424

– Disability bias and FMLA, painter's claims rejected, worker failed to reveal depression and request leave and accommodation (8th Cir.), 35:7
– FMLA, call-in policy violation firing (8th Cir.), 35:665
– Racial bias and retaliation, TSA screener's firing due to absenteeism (11th Cir.), 35:503
– Retaliation, Wal-Mart employee's firing due to absenteeism (11th Cir.), 34:37
– Sex bias, mother with infants, sales director's firing over conference travel (S.D.N.Y.), 34:221

ATTORNEYS

– Affirmative action, diversity at law firms declines, Natl. Ass'n for Law Placement report, 35:563
– Age and racial bias, and retaliation, city attorney's claims time-barred (3d Cir.), 35:364
– Age and sex bias, default judgment for agency's discovery failures in SSA lawyer's promotion denial suit (EEOC), 34:99
– Age bias

– – Enforcement action on reemployment claim, DOJ compliance (9th Cir.), 34:650
– – Hiring

– – – NLRB lawyer lacked appropriate experience (Cal. Ct. App.), 35:161
– – – Sixty-eight-year-old denied staff job did not prove superior qualifications (5th Cir.), 35:68

– – Kelley Drye sued by EEOC for alleged bias against partners over 70 (S.D.N.Y.), 34:191
– – “Old man of operation” fired in reorganization, stray remark insufficient (3d Cir.), 34:120

– Arbitration, CEO's knowing waiver, electronic acknowledgment (N.J. Super. Ct. App. Div.), 34:754
– Attorney-client and work product privileges

– – Affirmative defenses, discovery of underlying facts (Ohio Ct. App.), 35:577
– – EEOC questionnaire not protected in Cintas sex bias suit (E.D. Mich.), 34:430
– – Federal contractors' self-audits, client privilege recommended, 35:88
– – General counsel's involvement in investigation, precautionary documents not shielded (N.D. Ill.), 35:113
– – National origin and racial bias, writ of mandamus issued, nonappealable order to produce documents covered by privileges (9th Cir.), 34:635
– – Purloined documents, Model Rule 1.1.5, BNA Insights, 35:520

– Class actions, Seyfarth Shaw's 2009 report, filings increase, 34:88
– Conflicts of interest, disqualification

– – Investigator of bias was member of defense law firm, showing of prejudice necessary participation bar (Me.), 34:573
– – School board membership of associate (E.D.N.Y.), 35:142

– E-mail to lawyer on company laptop, privacy expectation (N.J.), 34:420
– EEOC

– – District Reg'l, Philadelphia, Lawrence named, 34:618
– – General Counsel

– – – Enforcement approach discussed, 35:200
– – – Lopez renominated, 34:502; confirmed, 35:655

– Fees

See ATTORNEYS' FEES

– Juror access for educational interviews by nonparty lawyers' group (10th Cir.), 34:176
– Malpractice

– – Age bias suit (D.C.), 35:578
– – Attorney-judgment rule (Mich. Ct. App.), 34:219
– – Frivolous appeal penalty, after-acquired evidence of client's felony not relevant to mishandling of bias suit (Ga. Ct. App.), 34:337
– – Maternity leave, failure to appeal adverse ruling (Mass.), 35:188

– Marital status bias, applicant married to lawyer who sued college (7th Cir.), 35:570
– Mental health

– – Disability bias, psychotherapist-patient privilege for associate's mental records (N.D. Ill.), 35:510
– – Psychiatric exam monitoring of client from another room (Cal. Ct. App.), 35:642

– National origin, racial, and sex bias, and retaliation, Native Am. lawyer may proceed only proceed on sex bias claim, supervisors did not know worker's origins (S.D. Tex.), 34:665
– Racial bias

– – Judicial appointment denial, overturning verdict for white lawyer (Mo. Ct. App.), 34:216
– – Prosecutors

– – – Employee status, appointment by city council not “employee” (M.D. Ala.), 35:85
– – – Job performance in Dallas County (5th Cir.), 35:135; another firing upheld, 35:332

– – Staff attorney assignment, timeliness of disparate impact and nonpromotion claims (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376

– Retaliation, HUD lawyer's transfer could be adverse (D.C. Cir.), 34:504
– Sanctions

– – Discovery “self-help” by plaintiff's lawyer (E.D. Pa.), 35:643
– – Safe harbor under Rule 11, but plaintiff's lawyer must pay under 28 U.S.C. §1927 (S.D. Ind.), 35:512; correction, 35:547

– Settlement correspondence

– – Exclusion not reversible error (6th Cir.), 34:625
– – Unilateral action not found, pact consisting of emails enforceable despite no signature by employee (N.D. Ill.), 35:398

– Sex bias

– – Excusable neglect in late filing of time extension request for dismissal motion response not shown (8th Cir.), 34:151
– – Pay disparity for female lawyers, report, 35:100

– Sex bias and retaliation

– – Arbitrators abused authority with order to reinstate in-house attorney as remedy (Wis.), 35:140
– – Sufficiency of evidence for public defender's claims related to involuntary transfer (S.D. Cal.), 34:75

– Sex bias, harassment, pay disparity, and retaliation, law firm's shareholder/director not an “employee” (3d Cir.), 35:109
– Sexual harassment, district attorney with no authority over worker entitled to immunity (10th Cir.), 34:153
– Special Panel on Appeals, chairman nomination for Walsh, 34:87

ATTORNEYS' FEES

– Cal., employer defense costs, study, Web insights, 34:377
– Civil rights claims under §1988 (U.S., rev grant), 35:518
– Contingency fee calculation based on agreed-to-settlement not satisfied judgment (Wash.), 35:455
– Disability and pregnancy bias, original request inflated (Cal. Ct. App.), 34:311
– Disability bias

– – Deaf job applicant, costs imposed against EEOC (D. Minn.), 35:541
– – Res judicata dismissal of grocery worker's claim (11th Cir.), 34:478

– Foster children civil rights class action, superior performance enhancement for §1988 claims (U.S., dec), 34:470
– National origin bias, Hispanic and Asian workers excused from court costs despite employer verdict (E.D. Cal.), 34:455
– N.J., public-interest counsel may raise issue in settlement negotiations (N.J.), 34:185
– Pregnancy bias, sum for park police officer due to “case-specific variables” (E.D.N.Y.), 34:21
– Racial bias

– – Fiber Glass, award upheld on harassment but fees reduced (8th Cir.), 35:341
– – Port Auth. officers, award reduction (S.D.N.Y.), 34:312

– Retaliation

– – Appellate fees must be requested from appeals court, jurisdiction lacking at trial level (10th Cir.), 35:223
– – Discretion to deny fees for low recovery under FEHA (Cal.), 34:96
– – Nurse's award (S.D.N.Y.), 34:312
– – Punitive damages, calculation (U.S., rev den), 35:519

– Sex bias and retaliation, EEOC proceeding representation, Navy civilian may sue (9th Cir.), 34:559
– Sexual harassment

– – Arbitrator's award for plaintiff improperly set aside, EEOC filing as precondition to fee award an open issue (Mich. Ct. App.), 35:23
– – Trucking firm award for EEOC failure to investigate class claims (N.D. Iowa), 34:245

AUSTRALIA

– Parental leave, 18 paid weeks, 35:89

AUTO WORKERS (UAW)

– Local 1485, disability benefits and layoff of temporarily disabled worker (Arb.), 34:162
– Religious bias, accommodation, objector required to pay charity amount equal to union dues (U.S., rev den), 34:419