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DAMAGES

See also CONSENT DECREES; SETTLEMENTS
– Age bias and retaliation, factory worker's liquidated damages award upheld (6th Cir.), 35:163
– Age bias, country club restaurant server's verdict on constructive discharge claim (D. Colo.), 34:72
– Defamation, university employee's countersuit (6th Cir.), 34:178; (U.S., rev den), 35:411
– Disability bias, seasonal affective disorder, teacher denied windowed room (W.D. Wis.), 35:453
– FMLA, liquidated damages denial to pathologist (E.D. Cal.), 34:517
– National origin bias, Hispanic and Asian workers excused from court costs despite employer verdict (E.D. Cal.), 34:455
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182, S 3772

– Racial and religious bias, verdict for Muslim doctor (N.D. Tex.), 34:691
– Racial bias

– – Port Auth. of N.Y. and N.J. Asian Am. transit officers' award over promotions upheld (S.D.N.Y.), 34:128
– – Tyson superintendent's compensatory damages for promotion denial reversed (11th Cir.), 35:285

– Racial bias and retaliation, Cleveland white officer's award reduced (N.D. Ohio), 34:340
– Racial bias and sexual harassment, Whirlpool's failure to protect employee from coworker (M.D. Tenn.), 34:19
– Retaliation

– – Costco supervisor's demotion after “steers and queers” complaint (Cal. Ct. App.), 35:579
– – Housekeeper's verdict affirmed, firing came after complaints about nursing home residents' harassment (7th Cir.), 35:50
– – Lottery workers' award (Ky.), 34:542
– – Navy probationary worker's award increased (EEOC Appeal), 35:675
– – UPS manager fired after race bias trial (6th Cir.), 35:194
– – Westin hotel baker under surveillance (S.D.N.Y.), 34:339

– Sex and national origin bias, and retaliation, variable rate for post-judgment interest (Wash. Ct. App.), 34:156
– Sex bias

– – Animal control officer's verdict for hiring refusal upheld (10th Cir.), 34:661
– – Beaumont officer denied promotion, damages and fees upheld, future damages rejected (5th Cir.), 35:317
– – Continental Airlines to resolve hiring refusal claims, 34:631
– – Food products employee's award for insubordination firing (E.D. Tex.), 34:394

– Sexual harassment

– – Card room appeals punitives damages and verdict for dealer (Cal. Ct. App.), 35:453
– – Condominium firm employee's award on harassment and battery claims (11th Cir.), 34:70; (U.S., rev den), 35:410
– – Consumers Energy order to pay (W.D. Mich.), 35:454
– – Hospital employee, coworker harassment (Wash. Super. Ct.), 34:634
– – Lafayette Coll. resolves claims of female workers in safety department (E.D. Pa.), 34:597
– – Mayor's sex-themed stories sufficient for verdict (11th Cir.), 35:18
– – Medical clinic, verdict for doctor's treatment of female aides (5th Cir.), 34:45
– – Physical therapist's award for employer's inadequate response (8th Cir.), 35:316
– – Tyson Foods' liability for female worker's harassment affirmed (6th Cir.), 34:543
– – Waterproofing services firm to satisfy claims of mostly female teenage workers (W.D.N.Y.), 34:596

– Sexual orientation bias, air carrier employee's award (Me. Super. Ct.), 35:112
– Taxation, IRS proposed rule on gross income exclusion, hearing, 34:174

DEFAMATION

– Frozen food firm may sue protesters for claiming “racist firings” of workers for invalid taxpayer numbers (Cal. Ct. App.;), 35:612
– Medical resident's claims, 11th Amend. immunity (W.D. Va.), 34:758
– Motion to amend complaint, new claims at summary judgment (5th Cir.), 34:685
– Trade secret misappropriation allegation while suit pending (D. Colo.), 35:670
– Vanderbilt Univ. employee's countersuit (6th Cir.), 34:178; (U.S., rev den), 35:411

DEFAULT JUDGMENTS

– Age and sex bias, sanction for agency's discovery failures in SSA attorney's promotion denial suit (EEOC), 34:99
– Spoliation, bad faith not found, no default, adverse inference charge appropriate (D.D.C.), 35:344

DEFENSE OF MARRIAGE ACT (DOMA)

– Equal protection challenge by federal employees' with same-sex spouses (D. Mass.), 35:145

DEFENSES

– Age and sex bias, and retaliation, exhaustion is jurisdictional not affirmative defense, summary judgment dismissal improper (10th Cir.), 35:470
– Age and sex bias, sexual harassment, and Equal Pay Act, “ministerial exception” applies to director's claims (10th Cir.), 35:101
– Age bias, “reasonable factors other than age”

– – EEOC proposed rule, 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

– Disability bias, hearing aid ban for court security officers undergoing mandatory hearing tests, business-necessity defense (U.S., rev den), 34:94
– Immunity

– – Qualified

See QUALIFIED IMMUNITY

– – Sovereign

See SOVEREIGN IMMUNITY

– Mixed-motive

– – Age bias

– – – Anchorage Sch. Dist. (Alaska), 35:538
– – – Federal worker's promotion claim viable (D.C. Cir.), 35:656
– – – Morgan Chase worker may sue theory despite Gross ruling on “but-for” causation (S.D.N.Y.), 34:125
– – – Protecting Older Workers Against Discrimination

See LEGISLATION, FEDERAL, HR 3721, S 1756

– – Disability bias, “mixed motive” insufficient for finding of bias in firing, “but for” causation required (7th Cir.), 34:89
– – Retaliation, liability theory still available despite Gross ruling (5th Cir.), 34:384

– National origin, religion, and racial bias, nonprofit housing organization entitled to affirmative defense (10th Cir.), 34:589
– Racial bias and retaliation

– – Employer's defenses subject to Twombly-Iqbal's heightened plausibility standard (E.D. Va.), 35:253
– – “Ministerial exception” applies to §1981 claims of black pastor (11th Cir.), 34:449

– Racial bias, employers' response

– – Construction worker's claims fail, reasonable action taken for noose incident and subsequent harassment not reported (4th Cir.), 35:152
– – Whirlpool's reaction to graffiti and slurs at plant inadequate (M.D. Tenn.), 35:289

– Religious bias, humanitarian aid organization not church-affiliated, Title VII exemption (9th Cir.), 35:235
– Retaliation

– – “Ministerial exception”

– – – Catholic teacher's state civil rights and whistleblower firing claims, applicable (Mich. Ct. App.), 34:185
– – – Lutheran teacher taught secular subjects, ADA claim (6th Cir.), 34:328

– – Mixed-motive liability theory still available despite Gross ruling (5th Cir.), 34:384

– Sexual harassment

– – Grocery workers may sue despite “open door” policy (N.D.N.Y.), 35:429
– – JetBlue employee's complaints to harasser not “unreasonable” (2d Cir.), 34:233
– – New York City

– – – Human Rights Law, Faragher defense inapplicable, BNA Insights, 35:293
– – – New. Sch., no Faragher/Ellerth affirmative defense available for local law claims (N.Y.), 34:568

– – Office manager's firing due to budget, affirmative defense for harassment (N.D. Ill.), 35:452
– – Prompt employer response

– – – GEO Group, oral reprimand of harasser (W.D. Wash.), 34:50
– – – Industrial supplies distributor's action on plant worker's complaint reasonable (8th Cir.), 35:605
– – – Mining firm, counseling and transfer (11th Cir.), 35:535
– – – Sonic assistant manager did not investigate carhop's claims (M.D. Ga.), 34:285
– – – Temple Univ. Hosp. occupational therapist's claims, reprimands and firing of harasser (3d Cir.), 34:63
– – – Wal-Mart, reprimands and firing of harasser (11th Cir.), 34:37

– – Repeat offender, reasonable care to prevent harassment (D. Md.), 34:397
– – Retail store employee's claim for coworker's assault, liability based on remedial not anticipatory action (Cal. Ct. App.), 35:505
– – Tangible employment action and submission to demands for sex, female worker without legal resident status (N.D. Ill.), 34:47
– – 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

– Sovereign immunity

See SOVEREIGN IMMUNITY

– Statutes of limitations

See STATUTES OF LIMITATIONS

DELAWARE

– Retaliation, 2009 filing statistics, Web insights, 34:403

DEMOTIONS

– Age and racial bias, and retaliation, city attorney's claims time-barred (3d Cir.), 35:364
– Age bias

– – K-Mart executive may deposed corporate officers (6th Cir.), 34:427
– – “Me too” proof of Vons manager (Cal. Ct. App.), 34:688
– – Sarbanes-Oxley violation (Ky. Ct. App.), 35:139
– – Schools

– – – Administrator does not need “pretext plus” evidence for claim (10th Cir.), 35:278
– – – Discovery, worker entitled to email (E.D. Va.), 35:403

– – Target worker's claims dismissal upheld for failure to exhaust (10th Cir.), 35:108

– FMLA, vice president's return from leave, performance issues (11th Cir.), 34:444
– Intimate association, extramarital affair, firefighter has no 1st Amend. claim (11th Cir.), 34:594
– National origin bias

– – NYC criminalists (2d Cir.), 35:664
– – Profanity (W.Va.), 34:660

– Racial bias

– – Fire chief properly demoted for disobeying order to fill jobs (Mo. Ct. App.), 35:78
– – Nursing director's claim (6th Cir.), 35:102

– Racial bias and retaliation, rejection of pretext jury instruction (U.S., rev den), 34:470
– Retaliation

– – Costco supervisor complained about “steers and queers” comment (Cal. Ct. App.), 35:579
– – Free speech claim for transit manager who reported misconduct rejected (2d Cir.), 34:354
– – Grants manager has no claim for “functional demotion” (8th Cir.), 35:185

– Sex bias, home building executive's claims unproven (10th Cir.), 34:414

DEPOSITIONS

– Retaliation, HR document improperly taken cannot be used to support claim, but allowed in deposition (N.J.), 35:638
– Sexual harassment, restaurant ownership, claims of waitress (D. Md.), 35:583

DIABETES

– Art director's diabetes is minor limitation (1st Cir.), 34:264
– Dean of students had no claim for lateral move and diabetes not disability (E.D.N.C.), 35:83
– Pharmacy manager failed to communicate accommodation need (4th Cir.), 35:155
– Reassignment upheld, worker not otherwise qualified as plant operator (10th Cir.), 34:715
– Road construction firm, rescinded job offer (M.D. Pa.), 35:396
– Team leader removal not bias (8th Cir.), 34:266

DISABILITY BENEFITS

– Judicial estoppel, sales representative's ADA claims not barred (2d Cir.), 34:269
– Layoff of temporarily disabled worker (Arb.), 34:162
– Sickness and accident benefit denial for rib fracture (Arb.), 35:141
– Workers' compensation

See WORKERS' COMPENSATION

DISABILITY DISCRIMINATION

See DISABLED EMPLOYEES

DISABILITY LEAVE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

DISABLED EMPLOYEES

– Ed. Note: This heading primarily covers state law claims and general stories about disabled individuals. For cases involving Rehabilitation Act claims, see REHABILITATION ACT. For cases involving ADA or combined ADA and state law claims, see AMERICANS WITH DISABILITIES ACT (ADA).
– Alaska, forester's claims insufficient (Alaska), 35:139
– California

– – Arbitration, busboy's claims compelled despite adhesion contract (S.D. Cal.), 34:663
– – Attorneys' fees sufficient (Cal. Ct. App.), 34:311
– – ERISA does not preempt Wells Fargo worker's state discharge claim (C.D. Cal), 34:191
– – Guitar sales VP's use of cane and speech may be sufficient, claims reinstated (Cal. Ct. App.), 35:311
– – Los Angeles considers oversight panel for bias and harassment claims, 35:338
– – Reasonable accommodation is ongoing duty, Web insights, 34:167
– – Sears employee's global settlement (Cal. Ct. App.), 35:506

– China, HIV-positive teacher's claim to be heard, 35:350
– District of Columbia

– – Lawyer's claims not untimely (D.C.), 34:307
– – Mental health worker failed to give timely notice (D.C.), 34:539

– Federal contractors' affirmative action obligations, OFCCP requests rulemaking comments, 35:126; official says no deadline set, 35:348
– Federal sector

– – EEOC FY 2009 annual report, 35:125
– – Executive order, 35:125
– – Natl. Disability Employment Awareness month, proclamation and goals, 35:387
– – OPM guidance, 35:564
– – Recruitment, study, 34:409

– Hiring initiatives, DOL grants for increased employment, 35:151; more funding offered, 35:209; awards to 9 states, 35:387
– Ill. equal opportunity rules apply to firms involved in state-funded construction projects, 35:138
– Iowa

– – Jury instruction for accommodation before shift not justified, firing for attendance upheld (Iowa Ct. App.), 35:424
– – Reinstatement of vision-impaired city laborer, DOT standards inapplicable (Iowa Ct. App.), 35:314

– Md., building chief failed to give notice (Md. Ct. Spec. App.), 34:721
– Mass., “illegal inquiry” claim about applicant's history rejected (1st Cir.), 34:742
– New Jersey

– – Adverse action may not be needed for failure to accommodate claim (N.J.), 35:337
– – MetLife worker returning from leave for cancer, firing (3d Cir.), 34:334

– N.Y., karate instructor's state claims properly dismissed, local claims remanded (2d Cir.), 34:591; jurisdiction declined (E.D.N.Y.), 35:538
– OFCCP agenda, Special Report, 34:138
– Ohio

– – Perfume sensitive clerk not regarded as disabled even though accommodation attempted (Ohio Ct. App.), 34:630
– – Reassignment not required, coworker's promotion right under bargaining pact overrides (Ohio Ct. App.), 34:659

– Opinion survey of attitudes toward employees, comments requested by DOL, 34:87
– Or., no duty to accommodate medical marijuana user (Or.), 34:483
– Sickness and accident benefit denial does not violate bargaining pact (Arb.), 35:141
– Tenn., bipolar technician fired for web surfing and Manson poster (M.D. Tenn.), 34:17
– Tex., arbitration pact not illusory, validity not affected by employee manual (D. Md.), 35:507
– Unemployment rate, BLS 2009 statistics, 35:267
– W.Va., discovery, audio recording of county executive session (W. Va.), 34:218
– Workers' compensation

See WORKERS' COMPENSATION

DISCIPLINE

– Constructive discharge

See CONSTRUCTIVE DISCHARGE

– Racial bias

– – Los Angeles, verdict for white fire department captains disciplined after dog food incident (Cal. Ct. App.), 34:276
– – USPS worker's claims based on supervision and discipline proceed, retaliation claim rejected (D. Or.), 35:197
– – Wichita officers' claims rejected, piggybacking on untimely claim (10th Cir.), 35:132

– Religious bias

– – Nurse talked about end of world not disciplined or forced to quit (W.D. Ky.), 35:251
– – UK, Web insights, 34:167

– Reprimands

See REPRIMANDS

– Retaliation, counseling of employee named as witness in coworker's charge (D. Ariz.), 34:224
– Sex bias

– – Secretary may sue for firing due affair with mayor (Mo. Ct. App.), 34:658
– – United Airlines ramp supervisor's counseling letters, pretext not shown (10th Cir.), 34:8; (U.S., rev den), 35:411

– Sexual harassment

– – Pilots fired after probe could show similarly situated workers (9th Cir.), 35:236
– – Reinstatement of alleged harassers

– – – Fire inspector (Cal. Ct. App.), 35:575
– – – Recreation employee, arbitration order upheld (Cal. Ct. App.), 35:537

– – Sears saleswoman's claims (D. Colo.), 34:26
– – Text messages, just cause (Arb.), 35:509

– Suspensions

See SUSPENSIONS

DISCLOSURE

– Privilege

See PRIVILEGE

– Sexual harassment

– – Bankruptcy, action judicially estopped due to nondisclosure (6th Cir.), 35:211
– – Monmouth County must disclose settlement under public access law (N.J.), 34:156

– Whistleblowing

See generally RETALIATION

DISCOVERY

– Age and sex bias, default judgment as sanction against SSA in attorney's promotion denial suit (EEOC), 34:99
– Age bias

– – 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

– Disability bias

– – Admissions, failure to timely answer, dismissal (8th Cir.), 34:331
– – Audio recording of county executive session (W. Va.), 34:218
– – Number of employees and independent contractors, ADA coverage, remand (2d Cir.), 34:693

– Electronic discovery

– – California

– – – Litigants must confer, Web insights, 34:141
– – – Meeting and planning requirements, Analysis, 34:699

– – Metadata, employer's delay in production not subject to Rule 37 sanctions (N.D. Ill.), 35:80
– – School board worker laid off and demoted entitled to email (E.D. Va.), 35:403
– – Spoliation, bad faith not found, no default judgment, adverse inference charge appropriate (D.D.C.), 35:344

– Privilege

See PRIVILEGE

– Racial bias

– – DHS violations in Secret Serv. agents' promotion suit (D.D.C.), 35:168
– – Pro se litigant's “willful” rule violations, dismissal (8th Cir.), 34:566; (U.S., rev den), 35:411
– – School's gross negligence in not securing emails (N.D. Ill.), 34:756
– – Third-party testing data for grocery chain's hiring, production compelled (3d Cir.), 35:323

– Retaliation, inadequate preparation of corporate representative deponent, sanctions (D. Md.), 34:247
– Sex bias, harassment, retaliation, emotional distress, defamation, and constructive discharge, attorney monitoring psychiatric exam of client from another room (Cal. Ct. App.), 35:642
– Sexual harassment

– – Dating, employer may ask if claimants “dated” coworkers (D.N.M.), 34:282
– – Restaurant ownership, deposition for waitress (D. Md.), 35:583

DISCRIMINATION

– Affirmative action

See AFFIRMATIVE ACTION

– Age

– – ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– – State law claims

See AGE DISCRIMINATION

– Bankruptcy, credit union's firing of worker filing action, federal law prohibition (W.D. Wis.), 34:343
– Disability

See AMERICANS WITH DISABILITIES ACT (ADA)
– – Rehabilitation Act

See REHABILITATION ACT

– – State law claims

See DISABLED EMPLOYEES

– Gender variance

See GENDER VARIANCE DISCRIMINATION

– Marital status

See MARITAL STATUS DISCRIMINATION

– MSPB summary of prohibited personnel practices, 35:37
– Race

See RACIAL DISCRIMINATION

– Sex

See SEX DISCRIMINATION

– Sexual harassment

See SEXUAL HARASSMENT
– – Same-sex

See SAME-SEX HARASSMENT

– Weight

See WEIGHT DISCRIMINATION

DISEASES AND DISORDERS

See specific diseases or disorders
– Diabetes

See DIABETES

– Epilepsy

See EPILEPSY

– Mental health

See MENTAL HEALTH

– Multiple sclerosis

See MULTIPLE SCLEROSIS

DISPARATE TREATMENT AND IMPACT

– Age and national origin bias, Hispanic Office Depot manager fired for misuse of “money” card may sue (D.N.M.), 34:665
– Age and sex bias, trucking firm worker's claims rejected, insubordination firing upheld, similarly-situated workers not treated better (7th Cir.), 34:586
– Age bias

– – Allstate sales force rehiring policy, settlement of impact claims (E.D. Mo.), 34:20
– – Atlanta-based magazine employee's suit dismissed, discriminatory impact must occur within state for coverage (N.Y.), 35:48
– – Bell Helicopter lacks “extraordinary circumstances” to vacate pre-Gross verdict (11th Cir.), 34:536
– – Data collection employee's cubicle relocation not adverse (11th Cir.), 34:271
– – Demotions, “me too” proof of Vons manager (Cal. Ct. App.), 34:688
– – FDIC employees did not show disproportionate impact of RIF (D.C. Cir.), 35:241
– – Hiring refusal claim of former Boeing technician based on inconsistent performance evaluations (10th Cir.), 34:13
– – Life insurance, retirees' class impact claims (D. Kan.), 35:84
– – Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– – “Reasonable factors other than age” defense, reinstatement of judgment improper under “mandate rule” (2d Cir.), 34:8; (U.S., rev den), 35:451
– – Sprint rulings, nonparties' claims alleging bias

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

– – Swim test, 71-year-old lifeguard's firing (E.D.N.Y.), 35:457
– – Union's allocation of bankruptcy claim shares not breach of fair representation duty (E.D. Mich.), 35:26
– – UPS driver fired for accident at 56 and not rehired has no disparate treatment claim (10th Cir.), 35:6

– Age, national origin, and racial bias, online applicant of nursing homecare job, questionnaire as disparate treatment (3d Cir.), 34:270
– Age, racial, and sex bias, Patent and Trademark Office workers' “accretion-of-duties” promotion claims fail (4th Cir.), 35:105
– Credit reports, EEOC considers potential bias, hearing, 35:443
– Disability and racial bias, receptionist job denial and subsequent firing of legal secretary upheld (D.C. Cir.), 35:39
– Disability bias, epileptic bank teller fired after 10 absences may sue for disparate treatment (E.D. Mich.), 35:616
– Disability, racial, and sex bias, railroad dispatcher failed to produce return-to-work release (8th Cir.), 34:680
– Equal Pay Act, sex bias, and retaliation, female surgeon's claims related to nonrenewal of contract and pay are viable (S.D. Fla.), 34:102
– Hiring, skills requirement, EEOC opinion letter, 35:203
– 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
– – Firefighters, NYC

– – – Intentional bias, written test for academy applicants (E.D.N.Y.), 34:163
– – – New test for academy admission on hold (E.D.N.Y.), 35:227; enjoined, 35:477

– – Math teacher's claims for student harassment, transfer, and nonrenewal (2d Cir.), 34:327
– – Noncitizen Army employee may sue over ID policy, email changes, discipline (E.D. Cal.), 35:86

– National origin and religious bias, and retaliation, failure of pilot skills test, insufficient disparate treatment evidence to support subsequent uncharged hostile environment claim (6th Cir.), 35:38
– National origin bias, demotion for profanity (W.Va.), 34:660
– Pleading, Iqbal “plausible” claim standard, ABA panelists discuss impact, 34:460
– Pregnancy bias, breastfeeding photographer's scheduling claim (10th Cir.), 34:93
– Racial and sex bias, African Am. male probationary teacher's claims fail (11th Cir.), 35:446
– Racial bias

– – Alabama Aircraft firm failed to produce comparator proof (11th Cir.), 34:303
– – Beverage cooler stolen, comparator proof lacking, firing upheld (6th Cir.), 35:107
– – Car dealership employees' claims (8th Cir.), 35:270
– – Customer preference, black server may sue restaurant for hostile environment and firing but not treatment claim (D.S.D.), 35:618
– – Firefighters

– – – Chicago, timeliness of charges by black applicants after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615
– – – Residency rule, reconsideration of injunction in impact suit by black applicants (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– – – Ricci impact

See Ricci impact, this subheading

– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's claims (E.D. Pa.), 34:428
– – Interracial marriage, white woman's claims over assignments fail, verdict reversed (10th Cir.), 34:204
– – Law enforcement

– – – N.J. civil service sued for impact of police sergeant promotion exam (D.N.J.), 34:136
– – – Probation officer's firing for failure to follow consultant's recommendations (5th Cir.), 34:122
– – – Wichita officers' claims rejected, piggybacking on untimely claim (10th Cir.), 35:132

– – Merck pharmaceutical representative failed to prove claims (5th Cir.), 35:13
– – Mill employee's comparators not similarly situated, acts of accommodation done by prior employer (6th Cir.), 35:365
– – New trial order and mandamus, impact claims of county workers (6th Cir.), 34:743
– – Nurse's qualifications lacking (11th Cir.), 34:90
– – Paramedic placed on probation, verdict upheld but reduced (N.D. Ill.), 35:539
– – Procurement director's treatment claims (4th Cir.), 35:569
– – Res-Care worker's disparate treatment claims over promotion and tuition untimely (7th Cir.), 35:132
– – Ricci impact

– – – Employment attorneys say impact limited, Analysis, 35:590
– – – Intentional bias proof burden, conference discussion, 34:401
– – – Jurists' distaste for impact theory, conference discussion, 34:374

– – Staff attorney assignment, timeliness (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376
– – Steel plant employees' less stringent evidentiary test for class certification (U.S., rev den), 34:272
– – Supervision and discipline, USPS worker's claims (D. Or.), 35:197
– – Time cards, manner of recordkeeping, USPS worker's claims (W.D. Wash.), 35:669
– – TSA screener's impact claim for promotion denial (11th Cir.), 35:503
– – UPS worker's firing for dishonesty, no similarly situated worker treated better (11th Cir.), 34:91

– Religious bias

– – Nurse talked about end of world not disciplined or forced to quit (W.D. Ky.), 35:251
– – 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

– Sex bias

– – Bank employee's firing for bikini photo upheld, shirtless male runner not similar (W.D. Tenn.), 35:115
– – Breast grabbing, arbitral finding inadmissible (E.D.N.Y.), 35:582
– – Class actions

– – – Amtrak female employees' impact claims over promotion rule revived (3d Cir.), 35:238
– – – Fitness test, certification for female applicant's test claims, mootness (D. Conn.), 34:101

– – Corporal's promotion and firing claims rejected (11th Cir.), 35:104
– – 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 firing for insubordination, disparate treatment award (E.D. Tex.), 34:394
– – Medical resident's claims (W.D. Va.), 34:758
– – “Ministerial exception” applies to Catholic Diocese director's claims (10th Cir.), 35:101
– – Pilots fired after harassment probe could show similarly situated workers (9th Cir.), 35:236
– – 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
– – Trucker fired after failing ability testing, injured male workers not tested (4th Cir.), 34:476
– – Verizon female technician's claims revived (2d Cir.), 35:240

– VA pharmacist who made mistakes could not identify similarly situated worker (6th Cir.), 35:186

DISTRICT OF COLUMBIA

– Disability and sex bias, lawyer's claims not untimely (D.C.), 34:307
– Howard Univ., retaliation, judicial estoppel of claim despite standing to appeal summary judgment (D.C. Cir.), 34:681
– Legal malpractice in age bias suit (D.C.), 35:578
– Mental Health Dep't, disability bias and retaliation, timely notice not given (D.C.), 34:539

DIVERSITY

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

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

– EEOC FY 2009 annual federal workforce report, 35:125
– Financial services reform, minority and women inclusion offices, 35:127
– Hispanics in federal employment, OPM report, 34:502
– Law firms, Natl. Ass'n for Law Placement report, 35:563
– Leave, family member definition, OPM updates, 34:710
– MSPB report on federal workforce, 34:148
– Work/life programs, OPM report, 34:710

DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT

– Affirmative action, minority and women inclusion offices, 35:127

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOMESTIC PARTNERS

– Ariz. state employees, state law limiting eligibility for health and accident insurance, injunction issued (D. Ariz.), 35:161
– Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– Federal employees' benefits

– – Congressional Research Serv. report on pending legislation, 34:325
– – OPM update of family member definition broadens leave rights, 34:710; FMLA, DOL interpretation extended to executive branch, 35:267; leave without pay support policy extended, 35:303
– – Presidential memo extends rights, 34:678

– FMLA, “son or daughter” definition clarified, people caring for child includes domestic partners, DOL letter, 35:56; OPM extends DOL interpretation to executive branch, 35:267
– Religious bias, county clerk denied excusal in registering same-sex couples (D. Or.), 35:405

DOMESTIC VIOLENCE

– Leave for victims

– – Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– – Healthy Families Act

See LEGISLATION, FEDERAL, HR 2460, S 1152

– – Natl. Employment Lawyers Ass'n, session discussion, 35:463

DOWNSIZING

– RIFs

See REDUCTIONS IN FORCE (RIFs)

DRESS CODES AND GROOMING

– Religious bias

– – Employment agency's nonreferral of Muslim workers with headwear due to safety ban (8th Cir.), 34:383
– – Hijabs, burqas, khimars, and beards, avoidance of claims, Analysis, 34:730
– – Hotel management firm can be sued, Muslim female applicants who refused to remove head scarves not interviewed (W.D. Ky.), 34:488
– – N.J. corrections officer, head scarf and uniform policy (D.N.J.), 35:579
– – N.Y.C. Muslim and Sikh transit workers, pattern or practice action on logo and headwear policies (E.D.N.Y.), 35:428
– – Or. ban on teachers' religious garb ended, 34:453; model policy, 35:666
– – Prison head scarf ban (3d Cir.), 35:181
– – Probationary Muslim state worker who wore veil may sue for performance firing (E.D. Pa.), 34:458
– – Rastafarian security guard applicant with dreadlocks, hiring claim rejected, no statement that hairstyle related to religion (7th Cir.), 35:274

– Sex bias, stereotyping

– – Hotel desk clerk claim described as “tomboyish” (8th Cir.), 34:116; Web insights, 34:197
– – Transgendered court security officer may sue for stereotyping not bias (D. Colo.), 35:116

DRUG

– Abuse

See DRUG AND ALCOHOL ABUSE

– Medical marijuana user, no duty to accommodate (Or.), 34:483
– Prescription drug, side effects on obese worker, coverage when medically necessary (3d Cir.), 34:474
– Religious bias, contractor misinformed by USAF on status, equitable estoppel applicable to vaccination claim (D. Md.), 35:461
– Testing

See DRUG AND ALCOHOL TESTING

DRUG AND ALCOHOL ABUSE

– Benefits parity, HHS interim benefit rules, 34:148
– Disability bias

– – Attendance as essential job function for alcoholic boiler operator (2d Cir.), 34:11
– – Hiring refusal, recovering addict undergoing methadone treatment (W.D. Pa.), 34:432
– – Police chief fired after DUI not “qualified” individual (7th Cir.), 34:333

– Testing

See DRUG AND ALCOHOL TESTING

DRUG AND ALCOHOL TESTING

See also MEDICAL EXAMINATIONS
– Boat captain with shy bladder, firing for test refusal upheld (2d Cir.), 34:389
– Corrections officer's claims over intoxication test fails (3d Cir.), 34:413
– Prescription drugs, individuals must be disabled to pursue §12112(b)(6) challenge (6th Cir.), 35:534

DUE PROCESS

– DOD intelligence officer's Bivens claim against individuals for 5th Amend. violations preempted by pending Title VII action (D.D.C.), 34:601
– Firefighter's claim over his driver duties rejected (11th Cir.), 34:592
– Hearing participation (Iowa), 34:18
– Long-term care insurance exclusion of state workers' same-sex partners (N.D. Cal.), 34:548
– Mayor's qualified immunity in commissioner's firing suit (4th Cir.), 34:15
– Medical disqualification of hearing-impaired contractor court security officers (3d Cir.), 34:386
– Motion to amend complaint, new claims at summary judgment (5th Cir.), 34:685
– Office manager's firing due to budget, no §1983 sex bias claim (N.D. Ill.), 35:452
– Residency termination claims dismissed, university immunity (W.D. Va.), 34:758

DUES, UNION

– Religious bias, accommodation, objector required to pay charity amount equal to dues (U.S., rev den), 34:419

DURESS

– Settlement with hospital upheld despite nurse's claim of pressure by CEO/estranged husband (6th Cir.), 35:614

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