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BACK PAY

– Age bias, country club restaurant, reduction in server's award due to unreported cash tips (D. Colo.), 34:72
– Arbitration award withholding by employer, prohibition (S.D. Tex.), 34:664
– Racial bias, engineer's promotion denial verdict sufficient, remand on pay (11th Cir.), 34:275
– Sex bias, food products employee's award (E.D. Tex.), 34:394

BANKRUPTCY

– Age bias, union's allocation of claim shares not breach of fair representation duty (E.D. Mich.), 35:26
– Credit union's firing of worker filing action, federal law prohibition (W.D. Wis.), 34:343
– Disability bias

– – 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

– FMLA

– – Firefighter's judgment void due to misrepresentations (5th Cir.), 35:369
– – Successor liability, balancing of equities test for Dollar Tree (9th Cir.), 35:361

– Retaliation, standing to appeal when trustee abandoned claim, judicial estoppel (D.C. Cir.), 34:681
– Sex bias and retaliation, United Airlines ramp supervisor's claims for removal of counseling letters justiciable (10th Cir.), 34:8; (U.S., rev den), 35:411
– Sexual harassment, action judicially estopped due to nondisclosure (6th Cir.), 35:211

BARGAINING AGREEMENTS

See COLLECTIVE BARGAINING AGREEMENTS

BARGAINING SUBJECTS

See SUBJECTS FOR BARGAINING

BATTERY

See VIOLENCE

BEREAVEMENT LEAVE

– Federal employees, OPM update of family member definition broadens leave rights, 34:710

BFOQs

See BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

– Sex, agency letter about women's prison not reviewable (Wash. Ct. App.), 35:138

BREACH OF CONTRACT

– CIA employee's firing for lack of candor, dismissal (D.D.C.), 34:371
– Medical resident's claims dismissed, university immunity (W.D. Va.), 34:758
– Motion to amend complaint, new claims at summary judgment (5th Cir.), 34:685
– Restaurant's black server may sue for hostile environment for condoning customer preference and firing but not contract claim (D.S.D.), 35:618
– Settlements

– – ALJ's order, no jurisdiction over USPS worker's breach claim when agreement incorporated into order (Fed. Cl.), 35:324
– – Appellate jurisdiction over transferred contract and nonpromotion claims (D.C. Cir.), 35:41
– – Negative reference provided to prospective employer (Fed. Cl.), 34:604
– – Workers' compensation and social security benefit interference, USPS worker's claims rejected (8th Cir.), 35:215

BREAKS, MEAL AND REST

– Bathroom, drug's side effects, ADA coverage for obese worker on weight-loss drug (3d Cir.), 34:474
– Breastfeeding

See BREASTFEEDING AT WORK

– Smoking, nursing home worker's firing (6th Cir.), 34:392

BREASTFEEDING AT WORK

– DOL fact sheet, nursing mothers' breaks in private space, 35:151
– Forest Serv. worker's claims rejected, comments insufficient and assignment change not adverse (D. Colo.), 35:346
– Lunch hour schedule of photographer, no similarly situated worker treated better (10th Cir.), 34:93
– Patient Protection and Affordable Care Act and FLSA, Analysis, 35:351

BURDEN OF PROOF

– Age and disability bias

– – A&P liquor store manager may sue despite alleged performance failure (D. Conn.), 35:228
– – Baxter Healthcare worker's claims not filed within 300 days (3d Cir.), 35:331
– – Coal handler did not identify similarly-situated workers and limitation on a broad class of jobs (10th Cir.), 34:593
– – Diabetic worker's transfer upheld, he was not otherwise qualified as plant operator (10th Cir.), 34:715
– – Guitar sales VP's use of cane and speech and younger replacement may be sufficient, claims reinstated (Cal. Ct. App.), 35:311

– Age and disability bias, and retaliation, wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39
– Age and national origin bias

– – Office Depot manager fired for misuse of “money” card may sue (D.N.M.), 34:665
– – Pharmaceutical sales representative's firing for falsification of sales calls, upheld (7th Cir.), 35:601

– Age and racial bias

– – Bus driver fired for accidents (8th Cir.), 34:684
– – K-Mart manager's reprimand and constructive discharge claims rejected (10th Cir.), 35:472

– Age and sex bias

– – Claims representative fired for breach of gift policy (5th Cir.), 34:479
– – DOD male worker's nonpromotion claims reinstated (6th Cir.), 35:566
– – Social worker threatened to kill supervisor (10th Cir.), 35:449

– Age and sex bias, and retaliation, trucking firm worker's claims rejected, insubordination firing upheld, year-long gap for PMS comment, waiver of transfer claim (7th Cir.), 34:586
– Age and sex bias, sexual harassment, and retaliation, reinstatement of JetBlue employee's complaints (2d Cir.), 34:233
– Age bias

– – Bell Helicopter lacks “extraordinary circumstances” to vacate pre-Gross verdict (11th Cir.), 34:536
– – Demotions

– – – “Me too” proof of Vons manager (Cal. Ct. App.), 34:688
– – – Sarbanes-Oxley violation (Ky. Ct. App.), 35:139

– – Hiring

– – – Attorney denied staff job did not show better qualifications (5th Cir.), 35:68
– – – Disparate treatment claim of former Boeing technician based on inconsistent performance evaluations (10th Cir.), 34:13

– – Jury instructions

– – – “Determining factor” erroneous for federal standard but valid under state law upheld (8th Cir.), 35:397
– – – “Replacement” method of proof, error (Ohio Ct. App.), 34:514

– – Misconduct

– – – AstraZeneca salesperson's firing, isolated remarks insufficient (1st Cir.), 34:184
– – – 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
– – – Nursing aides denied rehire for refusal to work extra shift (3d Cir.), 34:241; (U.S., rev den), 35:411
– – – Physician fired for time record falsification and disciplinary issues (D.D.C.), 35:227
– – – Vegetable oil manufacturer manager fired for sexual harassment (5th Cir.), 34:299; affirmed, 34:419
– – – Walgreen pharmacist fired for giving discounts and other company violations (7th Cir.), 35:212

– – Nonprofit health organization worker cannot show younger replacement (10th Cir.), 35:500
– – Performance, job

– – – BMW salesman did not met quota (1st Cir.), 35:448
– – – CVS creative director may sue for firing, supervisor's remark sufficient (D.R.I.), 34:485
– – – Google manager told “too old to matter” and not “cultural fit” may sue, rejection of stray remarks doctrine (Cal.), 35:158
– – – Hospital nonprofit employee fired at 62, claim reinstated, executive's comments raise issue under “but for” standard (11th Cir.), 34:263
– – – “Mixed-motive” still available despite Gross ruling on “but-for” causation (S.D.N.Y.), 34:125
– – – Nonrenewal of contract, replacement by younger intern driven by economics and performance (10th Cir.), 34:36
– – – UPS driver fired for accident at 56 and not rehired has no disparate treatment claim (10th Cir.), 35:6

– – 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's claim, disparate treatment over cubicle relocation (11th Cir.), 34:271
– – – Navy worker's mixed-motive claim viable (D.C. Cir.), 35:656

– – Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– – RIFs and layoffs

– – – Attorney fired in reorganization called “old man of operation,” stray remark insufficient (3d Cir.), 34:120
– – – Automotive salesman offered independent contractor status and urged to retire may sue (D.N.J.), 34:628
– – – Bindery worker failed to show younger replacement (6th Cir.), 34:177
– – – FDIC employees did not show disproportionate impact (D.C. Cir.), 35:241
– – – Heavy machinery salesman may sue, 59-year-old worker questioned about retirement plans (N.D. Ind.), 35:588
– – – Heightened proof standard, salesman left before RIF (6th Cir.), 34:657
– – – Maintenance supervisor fired after buyout (D. Me.), 34:578
– – – Newspaper advertising director may sue, sufficient “but for” proof (E.D. Mo.), 34:607
– – – Police officer may sue over disbanding of force (M.D. Pa.), 35:543
– – – Troublesome employee's rehiring denial not bias (6th Cir.), 34:533

– – Statute of limitation not tolled, proof of unintentional jurisdictional error lacking (Tex.), 34:421
– – Swim test, 71-year-old lifeguard's firing (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

– Age bias and 1st Amend., recreation bureau worker's claim over firing, “but-for” causation standard not in conflict with McDonnell Douglas burden-shifting paradigm (3d Cir.), 34:7
– Age bias and FMLA, manager fired for abusive phone call to supervisor, no evidence of younger replacement or retaliation for leave (6th Cir.), 35:605
– Age bias and retaliation

– – American Eagle pilot instructors over 60 may sue, younger workers hired (N.D. Tex.), 34:728
– – Hospital security guard's claims proceed (E.D.N.Y,), 35:586
– – Human resources manager's ethics complaints (3d. Cir.), 35:659
– – Insubordination firing for failure to cooperate in investigation upheld (6th Cir.), 34:622
– – Research scientist's claims (3d Cir.), 35:500

– Age, disability, and racial bias, and retaliation, employee who could not lift 70 pounds was unqualified (11th Cir.), 34:654
– Age, disability, and sex bias

– – Forester's claims insufficient (Alaska), 35:139
– – Store manager with post-traumatic stress fired for rudeness (6th Cir.), 35:43

– Age, disability, and sex bias, nonprofit administrator's firing for opening separate banking account (1st Cir.), 35:632
– Age, disability, national origin, and sex bias, and retaliation, USPS mail carrier loses key (10th Cir.), 34:411
– Age, disability, national origin bias, and retaliation, special education teacher fired for poor performance (2d Cir.), 35:609
– Age, national origin, and racial bias

– – Hospital workers involved in cheating dispute (5th Cir.), 34:353
– – Online applicant of nursing homecare job, questionnaire as disparate treatment (3d Cir.), 34:270

– Age, national origin, and sex bias and constructive discharge, warden investigated for misconduct, forced retirement (5th Cir.), 35:532
– Age, racial, and sex bias, and retaliation

– – Principal's unfavorable treatment claims related to bargaining pact (2d Cir.), 34:714
– – Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194

– Age, racial, and sex bias, Patent and Trademark Office workers' “accretion-of-duties” promotion claims fail (4th Cir.), 35:105
– Defamation, frozen food firm may sue protesters for claiming “racist firings” of workers for invalid taxpayer numbers (Cal. Ct. App.;), 35:612
– Disability and national origin bias, and retaliation, noncitizen Army employee may sue over ID policy, email changes, discipline, and firing (E.D. Cal.), 35:86
– Disability and pregnancy bias, claims of female welder involuntarily reassigned revived (6th Cir.), 35:213
– Disability and racial bias, and retaliation

– – UPS worker's firing after absence (5th Cir.), 34:305
– – USPS worker's claims (W.D. Wash.), 35:669

– Disability and racial bias, retaliation, and FMLA, rejection of legal secretary's bias claims upheld, FMLA interference claim proceeds (D.C. Cir.), 35:39
– Disability and sex bias

– – Misconduct, Southwestern Bell technician's firing for training refusal, psychotherapist-patient privilege waiver for emotional distress damages claim (10th Cir.), 34:183
– – Performance, firing of male nurse for chart deficiencies, sleep less than 3 hours not severe, female nurses not treated more favorably (6th Cir.), 34:65

– Disability and sex bias, and retaliation

– – Accountant with MS denied promotion (10th Cir.), 34:205
– – UPS driver denied return to work program, remand on “regarded as” claim, new trial on sex bias claims (6th Cir.), 34:655

– Disability bias

– – Adverse action may not be needed for failure to accommodate claim (N.J.), 35:337
– – Bank teller with epilepsy fired after 10 absences may sue for disparate treatment and failure to accommodate (E.D. Mich.), 35:616
– – Bipolar technician fired for web surfing and Manson poster (M.D. Tenn.), 34:17
– – Disability rights group employee's firing after return from stroke upheld, accommodation claim also fails (2d Cir.), 35:418
– – DuPont has not duty to accommodate depressed worker limited in thinking, no evidence of disability (5th Cir.), 35:423
– – Essential job functions

– – – Boiler operator's attendance (2d Cir.), 34:11
– – – Bus driver unable to work more than 8 hours (6th Cir.), 35:137
– – – Firearm use for officer (E.D. Pa.), 34:253
– – – Flight attendant's attendance, verdict reinstated (5th Cir.), 34:387
– – – Medical resident with Asperger's, communications difficulties (6th Cir.), 35:661
– – – School social worker with fecal incontinence (6th Cir.), 34:516

– – Flying fear stress not disability (1st Cir.), 35:657
– – Friendly's manager more than overseer, task reallocation not required (1st Cir.), 34:210
– – Hiring, deaf applicant for open pit mine job (D. Minn.), 34:758; costs imposed against EEOC, 35:541
– – Jury instructions on Rehabilitation Act's §501 proof requirements, VA nurse's claims (4th Cir.), 34:506
– – “Mixed motive” insufficient for finding of bias in firing, “but for” causation required (7th Cir.), 34:89
– – Pregnancy complications, ADA failure-to-accommodate claim viable but proof only of temporary condition (S.D. Ind.), 34:575
– – Promotions, IRS blind programmer may sue for denial (D. Md.), 34:668
– – Regarded as disabled

– – – Bank executive fired after suicide threat (D.N.D.), 34:135
– – – Coal miner lacked 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

– – Transfers, vacant position defined, job filled by temporary worker not open (10th Cir.), 34:711

– Disability bias and constructive discharge, school counselor reassigned to lab, accommodation and forced quit claims revived (10th Cir.), 34:181
– Disability bias and FMLA

– – Painter's claims rejected, worker failed to reveal depression and request leave and accommodation (8th Cir.), 35:7
– – Return to work claims of chef with anxiety disorder (M.D. Tenn.), 34:28

– Disability bias and retaliation

– – Dean of students had no claim for lateral transfer and diabetes not disability (E.D.N.C.), 35:83
– – Hospital manager's telework denial and firing (S.D Ohio), 34:317
– – Insurance agent's request for additional disability leave, interactive process for accommodation (E.D. Pa.), 35:54
– – Monocular vision and hepatitis of EAP counselor not disability, accommodation denial and outsourcing (8th Cir.), 35:271
– – Officer fired after mental heath treatment made public, claims reinstated (3d Cir.), 34:620
– – Salesman fired for backdating compensation agreement may sue, telework denial (D. Ariz,), 34:550
– – Teacher's claim for reassignment after brain surgery reinstated, firing claims fail (2d Cir.), 35:8
– – USPS letter carrier with facet syndrome, transfer denial (3d Cir.), 34:38

– Disability bias and USERAA, post-traumatic stress disorder, hiring refusal of veteran officer (11th Cir.), 34:43
– Disability bias, FMLA, constitutional violations, and retaliation, claims of corrections officer who failed breathalyzer rejected (3d Cir.), 34:413
– Disability bias, retaliation, and sexual harassment, waiter's harassment claim against, female boss reinstated (7th Cir.), 34:207
– Employee status, prison inmate (Iowa), 35:16
– Equal Pay Act

– – Nurse practitioners, pay differential between NPs and male physician assistants (Fed. Cir.), 34:43; (U.S., rev den), 35:410
– – Wis. state worker's male comparator evidence lacking (W.D. Wis.), 35:545

– Equal Pay Act and sex bias, home building executive's pay, demotion, and firing claims unproven (10th Cir.), 34:414
– Equal Pay Act, racial bias, and retaliation, Army employee's promotion, pay, and treatment claims (11th Cir.), 34:214
– Equal Pay Act, sex bias, and retaliation

– – Energy executive's claims rejected (D.C. Cir.), 34:475
– – Security firm employee's evidence lacking (7th Cir.), 35:305
– – Surgeon's claims related to nonrenewal of contract and pay disparity are viable (S.D. Fla.), 34:102

– Equal protection, racial bias, and retaliation, teacher's possible lateral move due to surplussing not adverse, but equal protection claim based on staff racial balancing policy survives (S.D. Ohio), 34:608
– FMLA

– – County administrative assistant fired after taking several leaves may sue (7th Cir.), 34:585
– – Insurance firm employee fired one month after care for disabled child (M.D. Pa.), 34:192
– – Kmart associate's selection (6th Cir.), 34:212
– – Novartis sales representative failed to show “but for” causation in firing, verdict set aside (D.D.C.), 34:751
– – Receptionist's and experts' testimony of “serious health condition” sufficient (3d Cir.), 34:351; self-diagnosis of incapacitation, Web insights, 34:403
– – Speech therapy for son insufficient for “serious health condition” (M.D.N.C.), 35:25
– – Vice president's demotion due to performance (11th Cir.), 34:444

– FMLA and pregnancy bias

– – Bookkeeper fired for poor performance during childbirth leave (M.D. Fla.), 35:430
– – Design coordinator RIFed during housing bust (D.N.M.), 34:287

– FMLA, racial bias and retaliation, state procurement director's claims (4th Cir.), 35:569
– Legal malpractice in age bias suit (D.C.), 35:578
– Marital status and racial bias, hiring refusal of educational manager (7th Cir.), 35:570
– Marital status and sex bias, mortgage executive fired for describing client with expletive (11th Cir.), 35:153
– Marital status bias, cabinetry firm employee married to former worker, firing claim revived (Minn. Ct. App.), 34:541
– National origin and pregnancy bias, fired Victoria's Secret manager may sue for pregnancy bias (S.D.N.Y.), 35:288
– National origin and racial bias

– – Carpenter's layoff and rehiring claims against hospital and union (10th Cir.), 35:531
– – FedEx computer analyst's firing (3d Cir.), 35:502
– – Human relations assistant not selected for restructured benefits analyst job (N.D. Ill.), 35:144
– – Math teacher's claims for student harassment, transfer, and nonrenewal (2d Cir.), 34:327
– – Mental health supervisor fired for failure to report abuse (2d Cir.), 35:42
– – Whirlpool employee's harassment claims insufficient (10th Cir.), 35:533

– National origin and racial bias, and sexual harassment, no bias in firing, harassment claim of bar waitress revived (E.D. La.), 35:170
– National origin and religious bias, security firm employee's firing for loafing upheld, calling worker “Osama” not bias when it is his given name (3d Cir.), 35:364
– National origin and sex bias

– – Doctor's verdict for nonrenewal of contract overturned for insufficient evidence (1st Cir.), 35:339
– – Firefighter applicants may sue (8th Cir.), 34:652

– National origin bias

– – Construction worker called “stupid Mexican” by supervisor (N.D. Ill.), 34:696
– – Demotion for profanity (W.Va.), 34:660
– – Hiring, FAA Native Am. applicant not qualified (7th Cir.), 35:663
– – Tenure, Taiwanese faculty member with accent (11th Cir.), 34:720

– National origin bias and retaliation

– – Houston city planner laid off during reorganization (5th Cir.), 35:422
– – Preemption by NLRA and LMRA, Russian immigrants' claims related to pact revived, American workers allegedly treated better (2d Cir.), 34:713

– National origin, racial, and sex bias, and retaliation

– – Latino family services director may sue (W.D. Wash.), 35:478
– – Native Am. female attorney may proceed on sex bias claim, attitude firing may be pretext (S.D. Tex.), 34:665

– Natl. Employment Lawyers Ass'n, tips from plaintiffs' attorneys, 35:30
– Pregnancy and sex bias

– – Hospital technician not offered leave option and fired after birth may sue (E.D. Ark.), 35:588
– – Scheduling claim of breastfeeding photographer, no similarly situated worker treated better, no pretext in firing (10th Cir.), 34:93

– Pregnancy bias

– – Bank teller with morning sickness did not rebut performance allegations (8th Cir.), 34:503
– – Executive fired 7 months after return from maternity leave, claim rejected (S.D. Ohio), 34:547
– – Human resource specialist's verdict over training vacated (D. Kan.), 35:640
– – Knowledge of condition lacking for transfer claim, no other workers reinstated after firing for failure to return (7th Cir.), 34:119
– – Purchasing agent's claims, supervisor's remarks negative remarks (S.D. Ala.), 35:646

– Racial and sex bias

– – Correctional officers acquitted of sexual misconduct could not prove §1981 and §1983 claims (7th Cir.), 34:534
– – Direct evidence of bias in selection for state mental health department job (4th Cir.), 34:64
– – Firefighters' promotion claims (3d Cir.), 34:481

– Racial and sex bias, and retaliation

– – Database administrator's allegations insufficient (10th Cir.), 35:75
– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – Paramedic may sue Pittsburgh for hiring denial (W.D. Pa.), 34:316
– – Praxair employee repeatedly asked to stay cannot prove bias or constructive discharge claims (2d Cir.), 35:634
– – Probationary teacher's claims fail (11th Cir.), 35:446
– – School employee did not show bias in promotion denials, defendants unaware of complaints (11th Cir.), 34:742
– – USAID worker's promotion claims on sex bias and retaliation valid, other claims rejected and barred by res judicata (D.C. Cir.), 34:718

– Racial bias

– – Airline mechanic who failed qualification test has no claim, harassment complaint investigated (7th Cir.), 35:603
– – Car dealerships

– – – Confederate flag and slurs, employees' harassment claims revived (8th Cir.), 35:270
– – – Salesman claims supervisor used “nigger” (S.D. Ind.), 35:514

– – “Cat's paw” liability for hospitals' parent firm and staffing agency rejected (11th Cir.), 34:508; (U.S., rev den), 35:411
– – Class actions, steel plant employees' less stringent evidentiary test for certification (U.S., rev den), 34:272
– – Demotion, black fire chief properly demoted for disobeying order to fill jobs (Mo. Ct. App.), 35:78
– – D.C. minority officers' claims rejected (D.C. Cir.), 34:594
– – Forrest City firefighter with 7 arrests, claims rejected (8th Cir.), 35:307
– – Freight hauler, EEOC suit for black dockworkers (N.D. Ill.), 34:52
– – Hiring

– – – Bank's entry-level jobs, black applicants (DOL OALJ), 34:226
– – – Fire lieutenant applicant's claim rejected, 2004 list expired during consideration of black advocacy group's challenge (S.D.N.Y.), 34:639
– – – Principal's job, white applicant at black school (N.D. Miss.), 34:164

– – Hospital food supervisor's wrongful discharge claim survives (6th Cir.), 34:509
– – Mill employee's comparators not similarly situated, acts of accommodation done by prior employer (6th Cir.), 35:365
– – Misconduct

– – – Beverage cooler stolen, comparator proof lacking, firing upheld (6th Cir.), 35:107
– – – Corrections officer fired for abusing black inmate (M.D. Pa.), 34:726
– – – Nursing home worker's firing for stopping work before clocking out (6th Cir.), 34:392
– – – Salesperson's aggressive driving, no valid comparator for reverse bias claim (11th Cir.), 34:41
– – – Truck driver's claim denial, white workers also fired for fighting (8th Cir.), 34:480

– – Nursing director's demotion and firing upheld (6th Cir.), 35:102
– – Paramedic placed on probation, verdict upheld but reduced (N.D. Ill.), 35:539
– – Performance, job

– – – Freight handler's fired for tardiness and unavailability, claim reinstated (8th Cir.), 34:300
– – – Human resource worker's firing after confidential documents stolen from her car upheld (W.D. Wash.), 35:320
– – – Merck pharmaceutical representative failed to prove claims (5th Cir.), 35:13
– – – Negative personal interactions, 17-year white prosecutor (5th Cir.), 35:332
– – – Organized crime division, assistant DA (5th Cir.), 35:135
– – – Probation officer's firing for failure to follow consultant's recommendations (5th Cir.), 34:122
– – – VA pharmacist who made mistakes could not identify similarly situated worker (6th Cir.), 35:186

– – Physician's erroneously forced to disclose income for punitive damages issue, harmless error (4th Cir.), 35:370
– – Promotions

– – – Deere employee with lifting restriction did not prove bias (U.S., rev den), 34:471
– – – DOL worker without superior qualifications (6th Cir.), 34:213
– – – Electronic firm's employer policy does not favor Asians (11th Cir.), 34:745
– – – Engineer's verdict sufficient, remand on back pay (11th Cir.), 34:275
– – – Firefighters' nonselection upheld (7th Cir.), 34:351
– – – Macy's worker failed to show bias (3d Cir.), 35:73
– – – Pfizer accountant's claim rejected, “monkey off my back” not direct evidence (6th Cir.), 34:416; (U.S., rev den), 35:519
– – – Tyson superintendent's compensatory damages verdict reversed (11th Cir.), 35:285

– – Staff privileges denial (Ind. Ct. App.), 34:453
– – Transfers, Secret Serv. agent's reassignment due to mismanagement not bias (D.D.C.), 34:666
– – Whirlpool employees' claims about serial harassment by coworker revived (6th Cir.), 34:180

– Racial bias and retaliation

– – Aircraft workers violated fueling procedures, firing upheld (5th Cir.), 35:281
– – Alabama Aircraft firm employee failed to produce comparator and causal link proof (11th Cir.), 34:303
– – Army civilian cook's claims over promotions and harassment (6th Cir.), 34:330
– – Automotive parts worker's claims against supervisor fail (6th Cir.), 34:569
– – Carnegie Mellon Univ. worker may proceed on retaliation claim (W.D. Pa.), 35:459
– – Child care counselor fired for harassment (3d Cir.), 35:608
– – Construction worker's claims fail, employer response reasonable and subsequent harassment not reported (4th Cir.), 35:152
– – Coroner's firing, ALJ's finding upheld but award “excessive” (7th Cir.), 35:162
– – Corrective action, hospital transportation aide's claims (8th Cir.), 35:501
– – Customer preference, black server may sue restaurant for hostile environment and firing (D.S.D.), 35:618
– – Dog track worker's claims for constructive discharge and hostile environment fail (8th Cir.), 34:447
– – Drug director applicant's rejection based on poor interview and abrasive style, 6-7 month-gap after speech (2d Cir.), 34:588
– – Fiber Glass, award upheld on harassment but fees reduced (8th Cir.), 35:341
– – Financial error, hospital worker's failure to notice (5th Cir.), 34:510
– – Gas mechanic may sue for stuffed gorilla harassment, investigation, and other treatment, promotion claims rejected (D. Mass.), 34:487
– – Housing authority manager fired for insubordination and dishonesty (11th Cir.), 35:106
– – Interracial marriage, white woman's claims fail, verdict reversed (10th Cir.), 34:204
– – Lockheed Martin engineer's verdict properly set aside for insufficient evidence (1st Cit.), 35:50
– – Nurse's qualifications, time bar on other hiring claim, warning meetings and motivational signs insufficient for retaliation and harassment (11th Cir.), 34:90
– – Ohio state worker's firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– – Oil refinery mechanic apprentice's claim for promotion denial and firing rejected (8th Cir.), 35:308
– – Overtime

– – – Pay dispute, aggressive demeanor in phone call (11th Cir.), 34:683
– – – Probation officer's violations (11th Cir.), 34:562

– – Pro se litigant's claims reinstated (2d Cir.), 34:415
– – School administrator's qualifications lacking for reassignment (M.D. Pa.), 34:77
– – Sears kitchen consultant has no claims work assignments and performance plan placement (11th Cir.), 35:244
– – Staff privileges, nonrenewal claims of doctor (3d Cir.), 35:601
– – Time sheets of subordinate falsified, pretext in firing not shown (11th Cir.), 34:538
– – Truck driver fired for threats, no bad faith (10th Cir.), 34:717
– – TSA screener's promotion and firing claims (11th Cir.), 35:503
– – UPS worker's firing for dishonesty, 8-month time break in causal connection (11th Cir.), 34:91
– – USPS worker's bias and harassment claims based on supervision and discipline proceed, retaliation claim rejected (D. Or.), 35:197

– Religious bias

– – Bible verse wall hanging, firing of Christian couple (11th Cir.), 35:658
– – Border patrol officer's claim may proceed, swastika on locker and anti-Semitic remarks (N.D.N.Y.), 35:319
– – Nurse talked about end of world not disciplined or forced to quit (W.D. Ky.), 35:251
– – Parole Div., Jewish state worker's hostile environment claim proceeds (2d Cir.), 35:280
– – Poultry processing firm manager failed to show bias, worker had no prior experience (11th Cir.), 34:625
– – Prayer session for coworker, disparate treatment claim by fired employees (N.D. Tex.), 35:171
– – Probationary Muslim state worker who wore veil may sue for performance firing (E.D., Pa.), 34:458
– – Seventh-Day Adventists

– – – Disciplinary actions resulted in firing, not accommodation request (6th Cir.), 34:335
– – – Officer did not show Saturday duty adverse (D. Conn.), 34:760

– – Temporary agency's nonreferral of Muslim workers with headwear due to safety ban (8th Cir.), 34:383
– – “Traditional Christian” newspaper writers' claims over constructive discharge and reassignment lacking (7th Cir.), 34:12; need for job descriptions, Web insights, 34:167

– Retaliation

– – Adverse actions

– – – N.Y. state workers participated in investigation, claims revived under “materially adverse” standard (2d Cir.), 34:149
– – – Pharmacist had no reasonable belief of action, protected activity not shown, verdict overturned (11th Cir.), 34:623
– – – Suspension of USPS worker adverse despite rescission, causal nexus possible despite 15-month gap (2d Cir.), 34:42
– – – Tax auditor failed to show inaction on race bias complaints retaliatory (2d Cir.), 34:621
– – – Traffic citations, pay delay, and bumping of USPS worker insufficient (1st Cir.), 34:560

– – Causal nexus

– – – Allegheny Energy worker's 2-year interval between filing and firing too long (3d Cir.), 35:394
– – – Army clinical director removed for lack of qualifications not EEO activity (5th Cir.), 35:277
– – – Logistics analyst's discipline record starts after complaint, firing 1-month later (S.D. Tex.), 34:368
– – – Management retention pool, plan exclusion one month after settlement of age bias charges (W.D. Pa.), 34:524
– – – Performance review and leave denial, close timing insufficient for USPS worker's claims (5th Cir.), 35:471
– – – Quadriplegic employee fired 5 days after publicity for lawsuit may sue (N.D. Cal.), 35:198

– – Commissary worker's forced leave due to mental condition (D. Conn.), 35:513
– – Confidentiality policy, retail store worker's firing for disclosing information about pending bias claim upheld (11th Cir.), 35:395
– – Constructive discharge, car salesman's claims fail, damages verdict reversed (7th Cir.), 35:315
– – Costco supervisor's demotion after “steers and queers” complaint (Cal. Ct. App.), 35:579
– – Jury instruction on proof burden upheld (1st Cir.), 35:110
– – Light duty, USPS worker's status determined by independent panel, no cat's paw found, home without pay and nonpromotion upheld (7th Cir.), 35:334
– – Mediation communications confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313
– – “Mixed-motive” liability theory still available despite Gross ruling (5th Cir.), 34:384
– – Performance, job

– – – AOL worker fired for coworker friction (10th Cir.), 34:179
– – – Battery plant unable to perform job, firing not due to FMLA and workers' compensation claims (D. Kan.), 35:516
– – – Grants manager has no claim for negative reviews (8th Cir.), 35:185
– – – Senior living firm manager may sue for firing, inconsistent reasons imply pretext (6th Cir.), 35:391

– – Promotions

– – – Boston teacher's claim (Mass.), 34:453
– – – Social Sec. Admin. attorney failed to show “false information” changed outcome (7th Cir.), 34:682

– – Protected activity

– – – Bristol-Myers scientist who opposed harassment and then fired during reorganization may sue (1st Cir.), 35:217
– – – Listing as potential witness in internal bias complaint insufficient (11th Cir.), 35:74
– – – Racial profiling opposition, rejection of trooper's claim due to culpability (3d Cir.), 34:561
– – – University employee had no reasonable belief activity protected, no adverse action involved (Minn.), 35:310

– – Public policy claim, McDonnell test for summary judgment rejected (Tenn.), 35:367
– – Sabotage concerns may justify immediate firing after complaint, controller's claim still reinstated (11th Cir.), 35:69
– – Tenn. state worker failed to prove causal connection and knowledge of protected activity (6th Cir.), 35:136
– – Third party harassment, housekeeper's verdict affirmed, firing came after complaints about nursing home residents' actions (7th Cir.), 35:50
– – Work assignments, pre-Burlington standard applied to past incidents, reversal of qualified immunity for officers (11th Cir.), 34:412

– Retaliation and 1st Amend., adverse actions, speech pathologist's advocacy of students (10th Cir.), 34:237
– Settlement consisting of emails enforceable, material elements present (N.D. Ill.), 35:398
– Sex bias

– – Discipline

– – – Secretary may sue for firing due affair with mayor (Mo. Ct. App.), 34:658
– – – Sergeant's suspension and firing after refusing to answer questions about relationship may be pretext (E.D. Mich.), 34:101

– – Health care facility worker (W.Va.), 35:16
– – Hiring

– – – Animal control officer's verdict for hiring refusal upheld (10th Cir.), 34:661
– – – Postoperative transsexual's denial not proven as “because of sex” (D.N.H.), 34:193

– – Misconduct

– – – Brakeman fired after derailment cannot prove bias (6th Cir.), 34:656
– – – Dog training business on work computer, female engineer's firing upheld, no similarly situated worker treated more favorably (7th Cir.), 35:306
– – – Food products employee's award for disparate treatment upheld (E.D. Tex.), 34:394
– – – Morals clause firing for domestic disturbances arrest of TV reporter (5th Cir.), 35:76
– – – Pilots fired after harassment probe could show similarly situated workers (9th Cir.), 35:236

– – Pattern or practice framework on §706 action not authorized, burden-shifting to prove Cintas hiring bias (E.D. Mich.), 34:249; EEOC questionnaire not protected by attorney-client or work product privilege, 34:430; claims dismissal, EEOC failure to exhaust, 35:37
– – Performance, job

– – – Advertising sales representative may sue (E.D. Pa.), 34:318
– – – Cal. state employee's firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
– – – Golf club professional's forced resignation claim revived (Ohio Ct. App.), 34:722

– – Promotions, Amtrak female employees' class action impact claims over one-year blocking rule revived (3d Cir.), 35:238
– – Sex stereotyping

– – – Air marshal's claim, comments about orientation not effeminacy (S.D. Fla.), 34:250
– – – Bank employee's firing for bikini photo upheld (W.D. Tenn.), 35:115
– – – Court security officer may sue for stereotyping not bias or retaliation (D. Colo.), 35:116
– – – Ga. state worker entitled to relief (N.D. Ga.), 35:225
– – – Hotel desk clerk claim described as “tomboyish” (8th Cir.), 34:116; Web insights, 34:197

– – Testing, female trucker fired after failing ability testing, injured male workers not tested (4th Cir.), 34:476
– – Verizon female technician's claims over assignments and harassment revived (2d Cir.), 35:240

– Sex bias and retaliation

– – Corporal's claims rejected, comparator proof lacking (11th Cir.), 35:104
– – Involuntary transfer of public defender, shifting reasons given (S.D. Cal.), 34:75
– – Lifeguard's promotion claims revived (9th Cir.), 34:746
– – Postal clerk's judgment vacated, no “materially adverse” actions (1st Cir.), 34:632

– Sex bias, retaliation, and defamation, medical resident's claims (W.D. Va.), 34:758
– Sex bias, sexual harassment, and retaliation

– – Communications professor's pay, office space, and hostile environment claims fail (1st Cir.), 34:326
– – Forest Serv. worker's claims rejected, comments about breastfeeding insufficient and assignment change not adverse (D. Colo.), 35:346
– – Nurse who was ex-stripper, harassment claim fails, retaliation claim proceeds (W.D. Pa.), 35:290
– – Park workers but not union may sue (N.D.N.Y.), 34:222

– Sexual harassment

– – Airport passenger attendant's claim reinstated, female-on-male harassment (9th Cir.), 35:304
– – Army civilian supervisor's lack of attraction immaterial, conduct triggered by gender (1st Cir.), 34:716
– – Carpenter's one uncorroboaated incident sufficient to proceed (7th Cir.), 35:279
– – City manager's comments to principal over nearly 3 years insufficient, general vulgarity (11th Cir.), 35:11
– – Finger in overalls is bullying (Arb.), 34:162
– – Gender-specific misconduct of coworkers more than general vulgarity (11th Cir.), 34:117
– – Mayor's sex-themed stories sufficient for verdict (11th Cir.), 35:18
– – Medical clinic owner's comments to female doctor about “sluts” and breast size sufficient (4th Cir.), 35:9
– – N.Y.C., hostile environment analysis under local law separate from state and federal claims (2d Cir.), 34:158
– – Off-color comments insufficient (Arb.), 34:162
– – Parking attendant's 4 incidents insufficient (8th Cir.), 35:243
– – Physical therapist's award for employer's inadequate response (8th Cir.), 35:316
– – Retail stores

– – – Home Depot male workers' harassment claims, en banc review (11th Cir.), 34:336; dismissal, 35:157
– – – Sears saleswoman's claims related to disciplinary letter, harassment, and constructive discharge (D. Colo.), 34:26

– – Same-sex

– – – Animal control probationary worker may sue (N.D. Cal.), 34:602
– – – Bakery coworker's buttock slaps and dry humping of both sexes, claim fails (8th Cir.), 35:417
– – – Breast size comments, Verizon technician's same-sex claim viable (S.D.N.Y.), 34:370
– – – Graffiti in bathroom, dismissal of Verizon worker's claim, hostility due to overtime not because of sex (S.D.N.Y.), 34:431

– – Secretary's claim revived, threats may be “because of sex” (2d Cir.), 35:39
– – Sexual proposal insufficient for harassment, text message and contact sufficient for battery claim against harasser (M.D. La.), 35:252
– – Sonic carhop may sue (M.D. Ga.), 34:285
– – Teacher sexually assaulted by supervisor, claim revived despite reporting delay (1st Cir.), 34:443
– – Tyson Foods' liability for female worker's harassment affirmed (6th Cir.), 34:543

– Sexual harassment and negligence claims against Starbucks for teenage worker's alleged coerced relationship with supervisor (C.D. Cal.), 34:16
– Sexual harassment and retaliation

– – Firefighter's single prank insufficient and transfer not adverse (N.D. Ind.), 34:727
– – Personal space encroachment and staring by boss may be sufficient, causal connection lacking on AWOL designation (1st Cir.), 35:418
– – Pharmaceutical representative fired for business practices not harassment claim, leering insufficient (11th Cir.), 35:245
– – Prompt remedial response

– – – GEO Group, suspension 5 days after complaint (W.D. Wash.), 34:50
– – – Motorola worker's claims rejected, employer took corrective action (E.D. Pa.), 34:729
– – – Wal-Mart, firing due to attendance (11th Cir.), 34:37

– – Purchasing agent's harassment claims related to manager's emails untimely, retaliation claim rejected for 7-month gap (8th Cir.), 34:587
– – Repeat offender and reasonable care to prevent harassment, 10-month lapse for retaliation (D. Md.), 34:397
– – School employee's adverse action claim (Or. Ct. App.), 34:18
– – Workplace relationships, Web insights, 34:167

– USERRA, “cat's paw” liability, Army Reservist hospital technician's verdict reversed where threshold evidence of “singular influence” on decisionmaker required (U.S., rev grant), 34:470; lawyers discuss, 35:409; (oral arg), 35:518

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