www.bna.com Employment Discrimination Report
HomeIndexTable of CasesFeedbackwww.bna.com

Printable version (PDF) 

INDEX
Vol. 34, Nos. 1-26, pp. 1-764; Vol. 35, Nos. 1-23, pp. 1-676
Jan. 6 -- Dec. 29, 2010

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    CAA
    CALIFORNIA
      – Age and disability bias, sales VP's use of cane and speech and younger replacement may be sufficient, claims reinstated (Cal. Ct. App.), 35:311
      – Age bias
        – – 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
        – – Hiring, NLRB lawyer lacked appropriate experience (Cal. Ct. App.), 35:161
        – – Judicial review of arbitration award, claim revived (Cal.), 34:512
      – Age bias and retaliation, NCR arbitration policy “unconscionable” (N.D. Cal.), 35:401
      – Arbitration, wireless telephone services, invalidation of class waiver as unconscionable (U.S., rev grant), 34:617; lawyers discuss, 35:409; (oral arg), 35:536
      – Defamation, frozen food firm may sue protesters for claiming “racist firings” of workers for invalid taxpayer numbers (Cal. Ct. App.;), 35:612
      – Disability and pregnancy bias, attorneys' fees sufficient (Cal. Ct. App.), 34:311
      – Disability bias
        – – Duel-filed charge of ironworker, worksharing agreement (9th Cir.), 35:499
        – – ERISA does not preempt Wells Fargo worker's state wrongful discharge claim (C.D. Cal), 34:191
        – – Hearing impairment, state workers' class action (Cal. Super. Ct.), 34:680
        – – Reasonable accommodation is ongoing duty, Web insights, 34:167
      – Disability bias and workers' compensation, global settlement (Cal. Ct. App.), 35:506
      – Disability, national origin, and racial bias, and retaliation, busboy must arbitrate claims despite adhesion contract (S.D. Cal..), 34:663
      – Electronic discovery
        – – Litigants must confer, Web insights, 34:141
        – – Meeting and planning requirements, Analysis, 34:699
      – Harassment, scope of relevant evidence broadened by McKesson ruling, Web insights, 34:167
      – Health Servs. Dep't, retaliation, proof lacking that tax filing concerning settlement retaliatory (Cal. Ct. App.), 35:313
      – “Kin care” rule inapplicable to uncapped sick leave (Cal.), 34:274
      – Legal defense costs for employers, study, Web insights, 34:377
      – Los Angeles
        – – Fire Dep't
          – – – Racial and sex bias, award overturned for failure to exhaust remedies (Cal. Ct. App.), 34:243
          – – – Racial bias, verdict for white captains disciplined after dog food incident (Cal. Ct. App.), 34:276
        – – Independent oversight panel for bias and harassment claims, formation considered, 35:338
        – – Retaliation, discretion to deny attorneys' fees for low recovery under FEHA (Cal.), 34:96
      – North Central Counties Consortium. sex bias and equal protection, firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
      – Parks & Recreation, sexual harassment, establishment of task force part of agency's settlement (Cal. Super. Ct.), 34:47
      – Pregnancy bias, janitorial services contractor for IKEA sued by civil rights group (N.D. Cal.), 35:375
      – Retaliation, accommodation lawsuit, “political activity” (N.D. Cal.), 34:523
      – San Diego City, sex bias and retaliation, lifeguard's promotion claims revived (9th Cir.), 34:746
      – San Diego County, sex bias and retaliation, sufficiency of evidence for public defender's claims related to involuntary transfer (S.D. Cal.), 34:75
      – San Diego, sexual harassment, firefighters forced participation in gay pride parade, affirmed (Cal. Ct. App.), 35:475
      – San Francisco
        – – Age bias, police officers' putative class promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343
        – – Bid discounts ordinance for women-owned and minority-owned firms struck down (Cal.), 35:188
        – – National origin bias, union and others call for investigation of Sutter Health and Filipino nurses' hiring claims, 35:321
        – – Recreation Dep't, arbitration order to reinstate alleged harasser upheld (Cal. Ct. App.), 35:537
      – San Jose, inspector reinstated despite harassment claims, progressive discipline (Cal. Ct. App.), 35:575
      – 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, workplace relationships, Web insights, 34:167
      – Sexual harassment, Pier 1 worker's claim for attempted assault by coworker (Cal. Ct. App.), 35:505
      – Sexual orientation bias, long-term care insurance exclusion of state workers' same-sex partners (N.D. Cal.), 34:548
      – Training, anti-harassment, Web insights, 34:403
      – Ventura County, disability bias, consent decree, hiring refusal of deaf social worker (C.D. Cal.), 35:165
    CANADA
      – Mandatory retirement, Web insights, 34:141
    CANCER
      – Disability and sex bias, and retaliation, claims of fired MetLife worker returning from leave (3d Cir.), 34:334
      – Disability bias, disease is “disability” under ADAAA even if in remission (N.D. Ind.), 35:318
    CAREGIVERS
    CARPENTERS (UBC)
      – Local 943, national origin and racial bias, laid off worker's claims (10th Cir.), 35:531
    CASH BALANCE PLANS
      – Age bias
        – – AT&T conversion does not violate ADEA or ERISA (D.N.J.), 35:55
        – – Bankcorp, ERISA prohibition against benefit accrual rate reduction (8th Cir.), 34:43
        – – El Paso plan upheld (D. Colo.), 35:197
        – – Monsanto plan upheld (7th Cir.), 35:184
        – – “Normal retirement age” defined by plan sponsors (U.S., rev den), 34:257
        – – Solvay, employer's summary judgment on conversion upheld (10th Cir.), 35:336
    CERTIFICATES AND CERTIFICATION
    CHINA
      – HIV-positive teacher's hiring refusal claim to be heard, 35:350
      – Maternity leave, Web insights, 34:141
    CIVIL RIGHTS ACT OF 1870
      – Ed. Note: This law is a reenactment, with an additional enforcement provision, of the Civil Rights Act of 1866.
      – National origin, U.S. citizen-lemon pickers may pursue alienage bias claims (D. Ariz.), 35:407
      – Race
        – – Arbitration, court's authority to make threshold unconscionability determination for Rent-A-Center manager's claims (U.S., oral arg), 34:469; delegation provision in pact, arbitrator to rule (dec), 34:739
        – – Correctional officers acquitted of sexual misconduct could not prove (7th Cir.), 34:534
        – – Drug director applicant's rejection based on poor interview and abrasive style (2d Cir.), 34:588
        – – Firefighters
          – – – Forrest City, 7 arrests, claims rejected (8th Cir.), 35:307
          – – – Native American applicant's national origin bias claim properly dismissed (8th Cir.), 34:652
          – – – Promotion claims, proof and pleading issues (3d Cir.), 34:481
        – – Pfizer accountant's claim for quit and promotion rejected (6th Cir.), 34:416; (U.S., rev den), 35:519
        – – Restaurants
          – – – Customer preference, black server may sue restaurant (D.S.D.), 35:618
          – – – Ruth's Chris worker cannot pursue claim related to illegal alien hiring allegations (11th Cir.), 34:478
        – – Staff privileges denial (Ind. Ct. App.), 34:453
        – – 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
        – – Wichita officers' promotion and discipline claims did not identify policy, untimely (10th Cir.), 35:132
      – Race and retaliation
        – – Aircraft workers violated fueling procedures, firing upheld (5th Cir.), 35:281
        – – “Ministerial exception” applicable to black pastor's claims (11th Cir.), 34:449
        – – Staff privileges suspension, neurosurgeon had no property or contract rights (11th Cir.), 34:268; Web insights, 34:377
      – Retaliation
        – – N.Y. workers assisted probe, claims revived under “materially adverse” standard (2d Cir.), 34:149
        – – Pre-Burlington standard applied to past incidents, reversal of qualified immunity for officers (11th Cir.), 34:412
    CIVIL RIGHTS ACT OF 1871
      – Race
        – – Atlanta fire chief denied qualified immunity in promotion suit (11th Cir.), 35:134
        – – Atlantic City white firefighters' claims precluded by state action (D.N.J.), 34:195
        – – Forrest City firefighter arrested, claims rejected (8th Cir.), 35:307
        – – Teacher's equal protection claim related to surplussing due to staff racial balancing policy survives (S.D. Ohio), 34:608
        – – Wichita officers' promotion and discipline claims, no ability of chief to impact contract, untimely (10th Cir.), 35:132
      – Retaliation
        – – Decision maker's investigation relieves lower level manager of liability for firing, denial of award upheld (U.S., rev den), 34:471
        – – N.Y. workers assisted probe, claims revived under “materially adverse” standard (2d Cir.), 34:149
        – – Speech pathologist's advocacy for students (10th Cir.), 34:237
      – Sex and race, correctional officers acquitted of sexual misconduct could not prove (7th Cir.), 34:534
      – Sex bias, Beaumont officer's promotion denial, future damages rejected (5th Cir.), 35:317
      – Sexual assault by deputy, official immunity for sheriff (8th Cir.), 34:239
      – Sexual harassment
        – – District attorney entitled to immunity (10th Cir.), 34:153
        – – Firefighter's claims over promotion and restroom, no municipal liability (3d Cir.), 34:481
    CIVIL RIGHTS ACT OF 1964
      See specific types of discrimination
    CIVIL RIGHTS ATTORNEY'S FEES AWARDS ACT
      – Foster children's civil rights class action, superior performance enhancement for §1988 claims (dec), 34:470
    CIVIL SERVICE EMPLOYEES (CSEA)
      – Local 1000, sex bias, sexual harassment, and retaliation, standing to sue for state park workers (N.D.N.Y.), 34:222
    CLASS ACTIONS
      – Age bias
        – – 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
        – – Reasonable factor other than age defense ruling on remand, reinstatement of judgment improper under “mandate rule” (2d Cir.), 34:8; (U.S., rev den), 35:451
        – – San Francisco officers' putative promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343
        – – Solid waste disposal firm, firings and job transfers (D. Nev.), 35:398
        – – Target worker's claims dismissal upheld for failure to exhaust (10th Cir.), 35:108
        – – TV writers to settle (Cal. Super. Ct.), 34:128
      – Arbitration
        – – Credit card interest increase, courts not arbitrators decide whether bar on class relief unconscionable (3d Cir.), 34:599
        – – Imposition of class 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, wavier 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
      – Attorneys' fees, foster children's civil rights action, superior performance enhancement for §1988 claims (U.S., dec), 34:470
      – Disability bias
        – – Cal. state workers' pattern or practice action for deaf and hearing-impaired (Cal. Super. Ct.), 34:680
        – – Distribution of settlement for action related to Sears' workers' compensation leave policy (N.D. Ill.), 34:189
        – – Social Sec. Admin. workers with targeted disabilities, promotion denial, certification (EEOC), 35:324
      – Employer guidance, BNA Insights, 35:620
      – EPA and sex bias, Family Dollar Store female managers' certification not barred by punitive damages request (W.D.N.C.), 34:131
      – Expert witnesses at certification hearings
        – – Circuit-by-circuit overview, Daubert scrutiny of proof, BNA Insights, 35:433
        – – Dukes v. Wal-Mart impact, Analysis, 35:256
      – National origin and racial bias
        – – Bus company's hiring policy barring applicants with felony convictions, disparate impact on blacks and Hispanics claimed (N.D. Cal.), 35:167
        – – Community college workers' suit related to professor's racially-charged emails, qualified immunity (9th Cir.), 34:619
      – National origin, racial, and sex bias, use of applicants' credit and criminal records, time limits narrows scope to practices after 2007 (D. Md.), 34:571
      – Racial and sex bias, certification denial vacated for male minority state employees' promotion claims (Mich.), 34:186
      – Racial bias
        – – Aircraft engine parts maker, hiring refusal for black machinists (DOL OALJ), 35:673
        – – Coca-Cola bottler's hiring refusal of African Am. and Hispanics in sales support jobs (DOL OALJ), 35:426
        – – Firefighters, hiring
          – – – NYC applicants' written test constitutes intentional bias (E.D.N.Y.), 34:163
          – – – Timeliness of charges filed by black Chicago applicants after test results (U.S., oral arg), 34:255; charge timely, action revived (dec), 34:615
        – – Intervention, dismissal of external applicants' claims in error, single-filing exception (D.C. Cir.), 34:679
        – – Iowa's executive branch sued systemic bias against African Americans in hiring and promotions (Iowa Dist. Ct.), 35:425
        – – Johnson & Johnson employees denied certification (D.N.J.), 35:249
        – – Merrill Lynch advisors denied certification (N.D. Ill.), 35:249
        – – New trial order and mandamus, impact claims of county workers (6th Cir.), 34:743
        – – Steel plant employees' less stringent evidentiary test for certification (U.S., rev den), 34:272
        – – Tyson Foods subsidiary resolves hiring claims of white and black applicants, 35:474
        – – US Airways workers at Philadelphia airport sue (E.D. Pa.), 34:132
      – Racial bias and retaliation, roofing contractor to pay African Am. workers (W.D.N.Y.), 35:221
      – Sex and pregnancy bias, pharmaceutical firm sued by female sales employees, opening arguments (S.D.N.Y.), 34:552; punitive damages award, 34:595; preliminary settlement, 35:111; final approval, 35:580; written opinion issued, 35:641
      – Sex bias
        – – Amtrak female employees' impact claims over promotion rule revived (3d Cir.), 35:238
        – – Goldman Sachs, action filed over pay and promotions of female professionals (S.D.N.Y.), 35:346
        – – Grocery chain's female employees' hiring and promotion claims, certification (S.D.N.Y.), 34:365
        – – Merrill Lynch and Bank of Am. female financial advisors allege bias in pay, partnership opportunities, and other employment terms (E.D.N.Y.), 34:458
        – – Mootness of corrections department applicant's claim over fitness test (D. Conn.), 34:101
        – – Outback Steakhouse, glass ceiling settlement for female workers (D. Colo.), 34:19
        – – Pharmaceutical firm, settlement of female salespersons' suit (S.D.N.Y.), 34:362; approved, 35:221
        – – Schwab Tire chain, hiring refusal (W.D. Wash.), 34:339
        – – Wal-Mart female employees may pursue nationwide claims (9th Cir.), 34:519; cert-worthy issues, BNA Insights, 34:641; (U.S., rev sought), 35:255; use of experts during certification hearings, Analysis, 35:256; lawyers discuss, 35:409; opposition to review (brief filed), 35:485; (U.S., rev grant), 35:597
      – Sexual harassment, attorney fee award for EEOC failure to investigate (N.D. Iowa), 34:245
      – Sexual orientation bias, long-term care insurance exclusion of state workers' same-sex partners (N.D. Cal.), 34:548
      – Seyfarth Shaw's 2009 report, filings increase, 34:88
      – Systemic litigation initiative, EEOC Comm'r Ishimaru discusses at D.C. Bar session, 34:670
    COLLATERAL ESTOPPEL
      – Racial bias, sheriff's department worker's prior state action bars federal action under res judicata not estoppel (2d Cir.), 35:392
    COLLECTIVE ACTION
      – Age bias, OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
    COLLECTIVE BARGAINING AGREEMENTS
      – Age, racial, and sex bias, and retaliation, principal's unfavorable treatment claims related to pact negotiations (2d Cir.), 34:714
      – Arbitration Fairness Act
        See LEGISLATION, FEDERAL, HR 1020, S 931
      – Disability bias, reassignment not required, coworker's promotion right under pact overrides (Ohio Ct. App.), 34:659
      – National origin bias and retaliation, preemption by NLRA and LMRA, Russian immigrants' claims related to pact revived, American workers allegedly treated better (2d Cir.), 34:713
      – Progressive discipline, reinstatement of alleged harasser, pact's time bar on discipline (Cal. Ct. App.), 35:537
      – Sickness and accident benefit denial for rib fracture (Arb.), 35:141
      – Wellness programs as mandatory bargaining subject, Congressional Research Serv. report, 35:303
    COLLEGES
    COLOR DISCRIMINATION
    COLORADO
      – Pay equity law signed, 34:724
      – Sex bias and retaliation, emotional distress settlement not excludable from income (T.C.), 34:130
      – Weld County, disability and sex bias, and retaliation, female accountant's promotion denial claim (10th Cir.), 34:205
    COMMUNICATIONS WORKERS (CWA)
      – “Kin care” rule inapplicable to uncapped sick leave (Cal.), 34:274
      – LMRA preempts Verizon worker's claims over failure to pursue grievance for graffiti harassment (S.D.N.Y.), 34:431
    COMPENSATION
    COMPLAINTS AND CHARGES
      – Administrative hearing procedure guidance, EEOC Training Inst., 35:377
      – Del., 2009 filing statistics for retaliation, Web insights, 34:403
      – DOJ's 2009 filings, official cites number as proof of stepped up enforcement, 34:473
      – EEOC enforcement data, FY 2009 report, 34:88; FY 2010 data, 35:599
      – Exhaustion of administrative remedies
      – Federal sector, processing, EEOC final rule expected, regulatory agenda, 34:501
      – Pregnancy bias charges increase, practitioners advice employers on consistent treatment, Analysis, 35:648
      – Recoveries by OFCCP, FY 2009 data, 34:175
    CONCILIATION
      – Pregnancy bias and retaliation, EEOC efforts lacking, dismissal of claims against Bloomberg (S.D.N.Y.), 35:511
    CONFERENCES AND MEETINGS
      – ABA
        – – Annual meeting, 35:201
        – – Labor and Employment Law Section, 34:460; 35:548; 35:548; 35:549; 35:550; 35:551; 35:551; 35:552
        – – Natl. Conf. of EEO Law, 34:372; 34:373; 34:374; 34:376; 34:399; 34:401
      – Am. Ass'n for Affirmative Action, 35:88
      – Am. Constitution Socy. for Law and Policy, 34:5; 35:409
      – Center for Am. Progress, 35:359
      – D.C. Bar, 34:670
      – EEOC
        – – Anniversary, event, 35:671
        – – Training Inst., 35:377
      – Hudson Inst. briefing, 35:529
      – Industry Liaison Group, 35:173; 35:174; 35:200
      – Littler Mendelson, 35:445
      – Natl. Employment Law Inst.
        – – Annual convention, 35:671
        – – Briefing, 35:486; 35:487; 35:488
      – Natl. Employment Lawyers Ass'n
        – – Annual convention, 35:29; 35:30
        – – Disabilities bias claims session, 35:463
      – New Am. Found., 34:709
      – N.Y. Univ., 34:698
      – Practising Law Inst., 35:432
      – U.S. Bus. Leadership Network 2010 Annual Conf. and Expo, 35:348; 35:348
      – Upper Midwest Employment Law Inst., 34:671
      – Women's Bur., DOL, 35:490
      – Woodrow Wilson Intl. Center for Scholars, 35:302
    CONFIDENTIALITY
      – GINA
      – Medical records custodians' duties, Rehabilitation Act requirements, EEOC opinion letter, 34:463
      – Purloined documents, Model Rule 1.1.5, BNA Insights, 35:520
      – Racial bias, human resource worker's firing after confidential documents stolen from her car upheld (W.D. Wash.), 35:320
      – Retaliation
        – – HR document improperly taken cannot be used to support claim, but allowed in deposition (N.J.), 35:638
        – – Mediation confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313
        – – Retail store worker's firing for disclosing information about pending bias claim upheld (11th Cir.), 35:395
      – Sexual harassment, Monmouth County must disclose settlement under public access law (N.J.), 34:156
    CONFLICTS OF INTEREST
      – Age and sex bias, claims representative fired for breach of gift policy (5th Cir.), 34:479
      – Investigator of bias was member of defense law firm, showing of prejudice necessary participation bar (Me.), 34:573
      – Retaliation, conflict of judge, researcher's claims over grants (U.S., rev den), 35:411
      – Sex bias and retaliation, law firm disqualification due to associate's school board membership (E.D.N.Y.), 35:142
    CONGRESS, U.S.
      – Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
    CONGRESSIONAL ACCOUNTABILITY ACT (CAA)
      – Age and racial bias, Library of Congress workers not “covered” under Act, Capitol Police immune from Title VII claims (D.D.C.), 34:367
    CONNECTICUT
      – Age bias, relation back doctrine barred for union member's claim (Conn. App. Ct.), 35:314
      – Bridgeport
        – – Racial bias, nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565
        – – Religious bias and retaliation, Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760
      – Corrections Dep't of
        – – Retaliation, commissary worker's forced leave (D. Conn.), 35:513
        – – Sex bias, class action certification for female applicant's fitness test claim, mootness issue (D. Conn.), 34:101
      – New Britain, national origin and racial bias, math teacher's claims for student harassment, transfer, and nonrenewal (2d Cir.), 34:327
      – New Haven, racial bias, Ricci impact
        – – Disparate impact theory
          – – – Employment attorneys say impact limited, Analysis, 35:590
          – – – Jurists' distaste for, conference discussion, 34:374
          – – – Lieutenant promotional exam, African Am. firefighter's claim rejected (D. Conn.), 34:638
        – – Intentional bias proof burden, conference discussion, 34:401
    CONSENT DECREES
      – Age bias
        – – Box manufacturer, managers' firings (D. Ariz.), 35:19
        – – 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
        – – University of P.R., pension system claims (D.P.R.), 34:244
      – Age bias and sexual harassment, auto dealer's settlement of fired male workers' bias claims and female workers' harassment claims (D. Colo.), 34:71
      – Age, national origin, racial, and sex bias, staffing firm's biased referral decisions (N.D. Ohio), 35:195
      – Disability bias
        – – Beverage distribution firm, medical leave policy (N.D. Ill.), 34:310
        – – Road construction firm, rescinded job offer to diabetic (M.D. Pa.), 35:396
        – – Sears' workers' compensation leave policy, class action distribution (N.D. Ill.), 34:189
        – – Staffing firm, revocation of offer to blind worker (N.D. Ill.), 35:19
        – – Ventura County, hiring refusal of deaf social worker (C.D. Cal.), 35:165
      – National origin and racial bias, and retaliation, staffing firm's warehouse referrals (W.D. Tenn.), 35:248
      – National origin bias and retaliation
        – – Bakery resolves Mexican workers' claims (N.D. Ill.), 34:426
        – – Sahara buffet worker (D. Nev.), 35:667
      – National origin bias and sexual harassment, hotel management firm, food server hiring bias and housekeeper harassment (C.D. Cal.), 34:243
      – National origin bias, sexual harassment and retaliation, food growers cooperative, harassment of Mexican female workers (M.D. Pa.), 35:164
      – National origin, racial, and religious bias, construction firm (S.D. Tex.), 34:543
      – National origin, racial, and sexual harassment, aircraft services firm's black, Filipino, and Guatemalan workers (C.D. Cal.), 35:191
      – Pregnancy bias
        – – Charter school firm's proposal for nonretention of workers (W.D. Mo.), 34:361
        – – Security guards at Army posts (D. Kan.), 35:640
      – Racial and sex bias, and retaliation, home builder's sales employees assignments and promotions (N.D. Ga.), 35:51
      – Racial and sexual harassment, and retaliation, plastics manufacturer (W.D. Tex.), 35:474
      – Racial and sexual harassment, denture provider to pay for affiliated dentist's alleged misconduct (D. Mass.), 34:751
      – Racial bias
        – – Big Lots, harassment of black workers (C.D. Cal.), 34:243
        – – Coca-Cola bottler to pay for hiring refusal of African Am. and Hispanics in sales support jobs (DOL OALJ), 35:426
        – – Indianapolis officials not shielded by decree from equal protection promotion claims (7th Cir.), 35:332
        – – Janitorial contractor, hiring of black applicants (N.D. Ill.), 35:539
        – – Medical device firm, salesman's firing (N.D. Ill.), 34:160
        – – Paramedic placed on probation, verdict upheld but reduced (N.D. Ill.), 35:539
        – – Road worker, slurs (D.N.J.), 35:20
        – – Trucking firm, harassment of black employees (N.D. Ill.), 35:339
        – – Vanguard Group, hiring refusal (E.D. Pa.), 34:44
      – Racial bias and retaliation
        – – Employment agency, white worker (N.D. Ga.), 34:750
        – – Radioactive waste company, harassment of black workers (W.D. Tenn.), 34:44
        – – Roofing contractor, class of African Am. workers (W.D.N.Y.), 35:221
      – Religious bias
        – – Airline's “no shift swap” policy (D. Minn.), 34:45
        – – Staffing firm, alleged harassment of Jewish workers (D. Md.), 34:361
      – Retaliation, advocacy firm (D. Ariz.), 34:692
      – Sex bias
        – – Brown Palace hotel worker's promotion denial (D. Colo.), 35:667
        – – Outback Steakhouse, glass ceiling settlement for female workers (D. Colo.), 34:19
        – – Pharmaceutical firm, female salespersons' class action (S.D.N.Y.), 34:362; approved, 35:221
        – – Schwab Tire chain, hiring refusal (W.D. Wash.), 34:339
        – – Wal-Mart, female applicants for warehouse jobs (E.D. Ky.), 34:275
      – Sex bias and retaliation, Boeing female engineers' claims (D. Ariz.), 34:189
      – Sexual harassment
        – – ABM Indus., EEOC charges include sexual assaults of female janitors (E.D. Cal.), 35:316
        – – Chef's fondling of male workers (D. Ariz.), 35:668
        – – Lafayette Coll., female workers in safety department (E.D. Pa.), 34:597
      – Sexual harassment and constructive discharge, plastics firm's female Miss. plant workers (N.D. Miss.), 35:52
      – Sexual harassment and retaliation
        – – Automotive supplier (C.D. Ill.) , 34:159
        – – Cement firm, firing of female worker (D. Md.), 35:426
        – – Elks Lodge, bartenders' claims (S.D. Ill.), 35:165
    CONSPIRACY
      – Neurosurgeon's §1985(3) claim involving private actors (11th Cir.), 34:268; Web insights, 34:377
    CONSTITUTIONAL RIGHTS
      – Common benefits clause, state troopers and public safety officers (Vt.), 35:139
      – Due process
      – Eleventh Amendment
      – Equal protection
      – Extraterritoriality, Wash. Suburban Sanitary Comm'n is not state entity, agency is a “person” and subject to local anti-bias ordinances (Md.), 34:627
      – Merger Act not racially discriminatory (D.D.C.), 34:367
      – Supremacy Clause, party substitution in sexual harassment suit, new sheriff (4th Cir.), 34:211
    CONSTRUCTION INDUSTRY
      – Affirmative action
        – – Advocacy groups focus on barriers to women and minorities, 34:173
        – – Ill. disadvantaged business rules apply to firms involved in state-funded projects, 35:138
      – OFCCP
        – – Agenda, Special Report, 34:138
        – – Outreach effort, regional directors discuss, 35:173
    CONSTRUCTIVE DISCHARGE
      – Age and racial bias, and retaliation, city attorney's claims rejected (3d Cir.), 35:364
      – Age and racial bias, and retaliation, K-Mart manager's claims rejected (10th Cir.), 35:472
      – Age bias
        – – Country club restaurant server's verdict on constructive discharge claim (D. Colo.), 34:72
        – – K-Mart executive may deposed corporate officers (6th Cir.), 34:427
        – – Travel request denial due to sick leave convalescent location policy (6th Cir.), 34:417
      – Age, national origin, and sex bias, petty cash investigation of warden, forced retirement (5th Cir.), 35:532
      – Arbitration, rebuttable presumption, contract employee need only submit contract claims not bias claims (2d Cir.), 35:400
      – Disability bias
        – – Counselor with post-polio issues reassigned to lab (10th Cir.), 34:181
        – – Wheelchair user's claim related to accessible restrooms (S.D. Fla.), 34:27
      – FMLA, CitiFinancial employee must arbitrate claim (D. Colo.), 34:280
      – National origin and sex bias, jewelry store employee's claims not compelled, arbitration pact unenforceable (3d Cir.), 34:753
      – Punitive damages, jury instruction error (9th Cir.), 35:17
      – Racial and sex bias, and retaliation, Praxair employee repeatedly asked to stay cannot prove claim (2d Cir.), 35:634
      – Racial bias and retaliation
        – – Construction worker's claims fail, harassment after noose incident not reported (4th Cir.), 35:152
        – – Dog track worker's claims fail (8th Cir.), 34:447
        – – Hospital transportation aide's claims (8th Cir.), 35:501
      – Racial bias, Pfizer accountant's claim rejected, “monkey off my back” not direct evidence (6th Cir.), 34:416; (U.S., rev den), 35:519
      – Religious bias
        – – Flight attendant's acceptance of new job while on leave (N.D. Ill.), 34:252
        – – “Traditional Christian” newspaper writers' claims, proof lacking (7th Cir.), 34:12; need for job descriptions, Web insights, 34:167
      – Retaliation, car salesman's claims fail, punitive damages verdict reversed (7th Cir.), 35:315
      – Sex bias, golf club professional's claim revived (Ohio Ct. App.), 34:722
      – Sexual harassment
        – – Plastics firm to pay female Miss. plant workers (N.D. Miss.), 35:52
        – – Sears saleswoman's claims related to disciplinary letter, harassment, and discharge (D. Colo.), 34:26
        – – Sonic carhop may sue (M.D. Ga.), 34:285
        – – Temple Univ. Hosp. occupational therapist's claims, reprimands and firing of harasser adequate remedial action (3d Cir.), 34:63
    CONTINGENT WORKERS
    CONTRACTORS
    CONTRACTS
    COPS
    CORPORATIONS
      – Global compensation strategies, Web insights, 34:197
      – Wrongful discharge, medical center worker cannot sue supervisor, piercing corporate veil (W.D. Va.), 35:190
    CORRECTIONAL FACILITIES
      – Connecticut, Corrs Dep't.
        – – Retaliation, commissary worker's forced leave (D. Conn.), 35:513
        – – Sex bias, class action certification for female applicant's fitness test claim, mootness issue (D. Conn.), 34:101
      – Fla., Corrs. Dep't, sexual harassment, prison liable on inmates' action toward female staff (11th Cir.), 34:590
      – Ga., Corrs. Dep't, racial bias and retaliation, overtime violations by probation officer (11th Cir.), 34:562
      – Ill., Cook County, racial and sex bias, officers acquitted of sexual misconduct could not prove §1981 and §1983 claims (7th Cir.), 34:534
      – Iowa, employee status, prison inmate (Iowa), 35:16
      – La., David Wade Corr. Facility, racial bias, maintenance worker's promotion denial claims rejected (5th Cir.), 35:633
      – Minnesota Corrs. Dep't
        – – Age bias, “age 55 cliff” early retirement program and health benefits, ADEA violation (D. Minn.), 34:551; payment ordered, 34:750
        – – Sexual harassment, just cause for suspension of male officer (Arb.), 34:281
      – Nev., S. Nev. Women's Corr. Facility, sex bias, promotional policy biased against male guards (9th Cir.), 35:103
      – N.J., Essex County, religious bias, settlement, head scarf and uniform policy (D.N.J.), 35:579
      – Okla., Tulsa County Juvenile Bur., age and racial bias, and retaliation, probation counselor's claims untimely and rejected on merits (10th Cir.), 35:634
      – Pennsylvania
        – – Corrections Dep't, racial bias
          – – – Hiring, rejection of 32 claims for time bar, res judicata and failure to exhaust remedies (M.D. Pa.), 35:420
          – – – Inmate abuse, officer fired (M.D. Pa.), 34:726
        – – Delaware County, religious bias, head scarf ban (3d Cir.), 35:181
        – – Luzerne County, disability bias, FMLA, constitutional violations, and retaliation, claims of officer who failed breathalyzer rejected (3d Cir.), 34:413
      – P.R., Correctional Health Serv., disability bias, doctor under contract to agency has no ADA or Rehabilitation Act claims (1st Cir.), 35:607
      – Tex., age, national origin, and sex bias and constructive discharge, warden investigated for misconduct, forced retirement (5th Cir.), 35:532
      – Va., Corrs. Dep't, retaliation, superintendents not in privity in grievance procedure, no res judicata defense (4th Cir.), 35:602
      – Wash., Corrs. Dep't, sex BFOQ, opinion letter not reviewable (Wash. Ct. App.), 35:138
    COSTS AND EXPENSES OF LITIGATION
      – Attorneys' fees
      – Racial bias, imposition on nonprevailing doctor upheld (4th Cir.), 35:370
    COURTS
    CREDIT REPORTS
      – EEOC considers potential bias, hearing, 35:443
      – Equal Employment for All Act
        See LEGISLATION, FEDERAL, HR 3149
      – Ill. bars inquiries by employers, 35:220
      – Or. bars use of history for employment purposes, 34:748
      – Statutes of limitations, use of applicants' records, scope of class action narrowed (D. Md.), 34:571
    CRIMINAL ACTIVITIES
      – Disability bias, FMLA, constitutional violations, and retaliation, claims of corrections officer who failed breathalyzer rejected (3d Cir.), 34:413
      – Disability bias, police chief fired after DUI not “qualified” individual (7th Cir.), 34:333
      – Sex bias, morals clause firing for domestic disturbances arrest of TV reporter (5th Cir.), 35:76
    CRIMINAL RECORDS
      – Bus company's hiring policy barring applicants with felony convictions, disparate impact on blacks and Hispanics claimed (N.D. Cal.), 35:167
      – Customer service representative with misdemeanor criminal record, rejection of racial bias claim upheld (8th Cir.), 35:362
      – Legal malpractice, after-acquired evidence of client's felony not relevant to mishandling of bias suit (Ga. Ct. App.), 34:337
      – Mass., investigation of applicants, 35:220; guidance issued, 35:611
      – Statutes of limitations, use of applicants' records, scope of class action narrowed (D. Md.), 34:571
    CSEA
    CWA (COMMUNICATIONS WORKERS)

Contact the Webmaster at webmaster@bna.com
1801 S. Bell Street, Arlington, VA 22202 - Phone: 1-800-372-1033

Copyright © The Bureau of National Affairs, Inc. All Rights Reserved.