Employment Discrimination Report Index-Summary

E-DISCOVERY

E-MAIL

– Discovery

– EPLI rescission, notice of need to investigate application insufficient (N.D. Cal.), 34:341
– Privacy expectation in e-mail to lawyer on company laptop (N.J.), 34:420
– Professor's racially-charged emails and website are free speech, qualified immunity in workers' class action (9th Cir.), 34:619
– School's gross negligence in not securing emails (N.D. Ill.), 34:756
– Settlement pact consisting of emails enforceable even though employee had not signed (N.D. Ill.), 35:398
– Sexual harassment, text messages, just cause discipline (Arb.), 35:509

E-VERIFY PROGRAM

See EMPLOYMENT ELIGIBILITY VERIFICATION

EARLY RETIREMENT

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

EDUCATION ASSISTANCE

– Racial bias, Res-Care worker's disparate treatment claims untimely (7th Cir.), 35:132

EDUCATIONAL INSTITUTIONS

– Ala. State Univ., age bias, trustee age limit does not violate equal protection (11th Cir.), 34:306
– Alaska, Anchorage, age bias, mixed-motive analysis (Alaska), 35:538
– Ariz., Maricopa County Community Coll., national origin and racial bias, qualified immunity for administrators who failed to discipline professor (9th Cir.), 34:619
– Cal., Hastings Coll. of the Law report on family responsibilities bias and local laws, 34:18
– China, HIV-positive teacher's hiring refusal claim to be heard, 35:350
– Conn., New Britain, national origin and racial bias, math teacher's claims for student harassment, transfer, and nonrenewal (2d Cir.), 34:327
– D.C., Howard Univ., retaliation, judicial estoppel of claim despite standing to appeal summary judgment (D.C. Cir.), 34:681
– Florida

– – A&M Univ., national origin bias, tenure, Taiwanese faculty member with accent (11th Cir.), 34:720
– – Aventura, sexual harassment, city manager's comments to principal over nearly 3 years insufficient, general vulgarity (11th Cir.), 35:11
– – Gadsden County, retaliation, ex-teacher's claim improperly dismissed based on “volunteer” status (Fla. Ct. App.), 35:246
– – Saint Lucie, racial and sex bias, and retaliation, probationary teacher's claims fail (11th Cir.), 35:446

– Ga., Dougherty County, racial and sex bias, and retaliation, no bias in promotion denials, defendants unaware of complaints (11th Cir.), 34:742
– Illinois

– – Bremen High Sch., racial bias, gross negligence in not securing emails (N.D. Ill.), 34:756
– – Eastern Ill. Univ., retaliation, Native Am. worker failed to show mascot criticism caused promotion denial (7th Cir.), 34:651

– Louisiana

– – State Univ., disability bias, claims of faculty member with back pain (5th Cir.), 34:120
– – Union Parish, racial bias, new claims at summary judgment should have been treated as motion to amend (5th Cir.), 34:685

– Me., Univ. of, sex bias, sexual harassment, and retaliation, communications professor's pay, office space, and hostile environment claims fail (1st Cir.), 34:326
– Maryland

– – Baltimore County, age and racial bias, and retaliation, teacher given leave to amend complaint (D. Md.), 35:458
– – Morgan State Univ., national origin and racial bias, and retaliation, promotion claims of Nigerian professor untimely (4th Cir.), 34:267

– Mass., Boston, retaliation, causal nexus proof (Mass.), 34:453
– Michigan

– – Detroit, disability bias, essential job functions of social worker with fecal incontinence (6th Cir.), 34:516
– – Hosanna-Tabor Evangelical Lutheran Church, retaliation, “ministerial exception” inapplicable to lay teacher's ADA claim (6th Cir.), 34:328
– – Redford Union, FMLA, firing of driver due to misuse of leave, refusal of last chance agreement (E.D. Mich.), 34:74
– – St. Mary's Catholic Sch., retaliation, “ministerial exception” applicable to teacher's state claims (Mich. Ct. App.), 34:185

– Minnesota

– – Capella Univ., retaliation, employee had no reasonable belief activity protected, no adverse action involved (Minn.), 35:310
– – College of St. Scholastica, disability bias and FMLA, painter's claims rejected, worker failed to reveal depression (8th Cir.), 35:7
– – Independent Sch. Dist. No. 11, disability bias, employee's multiple sclerosis not limiting (8th Cir.), 35:218

– Mississippi

– – Lowndes County, racial bias, principal's job at black school, rejected white applicant may sue (N.D. Miss.), 34:164
– – University of Miss. Medical Center, age bias, 11th Amend. bar on suit against state by nurse accused of patient abuse (5th Cir.), 34:10

– Mo., Kansas City, pregnancy bias, charter school firm's proposed payment for nonretention of workers (W.D. Mo.), 34:361
– National Am. Univ., age bias, admission director applicant's verdict upheld (8th Cir.), 35:5
– New Jersey

– – Mercer County Community Coll., age bias, nonrenewal of employment contract (N.J.), 34:687
– – Seton Hall Univ., sex bias and pay equity, Ledbetter ruling rejected, reinstatement of female professors' wage claims, remand (N.J.), 35:610

– New Mexico

– – Albuquerque, retaliation and 1st Amend., adverse actions taken against speech pathologist whose advocacy for students (10th Cir.), 34:237
– – State Univ., retaliation, continuing violation doctrine (N.M. Ct. App.), 35:576

– New York

– – Age, racial, and sex bias, and retaliation, principal's unfavorable treatment claims related to bargaining pact (2d Cir.), 34:714
– – Elmont Union Free Sch. Dist., sex bias and retaliation, law firm disqualification due to associate's board membership (E.D.N.Y.), 35:142
– – Graphic Communication Art, age, disability, national origin bias, and retaliation, special education teacher fired for poor performance (2d Cir.), 35:609
– – John Jay Coll., national origin bias, pattern or practice action settlement over noncitizen hiring documentation (OCAHO), 34:662
– – Malverne Union Free Sch. Dist., disability bias and retaliation, teacher's retaliation claim for reassignment after brain surgery reinstated, firing claims fail (2d Cir.), 35:8
– – New Sch., sexual harassment, no Faragher/Ellerth affirmative defense available under local law (N.Y.), 34:568

– N.C., Brunswick County, disability bias and retaliation, dean of students had no claim for lateral transfer and diabetes not disability (E.D.N.C.), 35:83
– Ohio

– – Cincinnati, equal protection, racial bias, and retaliation, lateral move due to surplussing not adverse, protection claim for racial balancing policy survives (S.D. Ohio), 34:608
– – Dayton, disability bias, perfume sensitive clerk not regarded as disabled (Ohio Ct. App.), 34:630
– – State Univ., racial bias, nursing director's demotion and firing upheld (6th Cir.), 35:102

– Oklahoma

– – Logan County, disability bias and constructive discharge, counselor reassigned to lab, accommodation and forced quit claims (10th Cir.), 34:181
– – Oklahoma City, age bias, administrator does not need “pretext plus” evidence for demotion claim (10th Cir.), 35:278

– Oregon

– – Religious dress for teachers, ban ended, 34:453; model policy, 35:666
– – Salem-Keizer, sexual harassment and retaliation, no proof of adverse actions (Or. Ct. App.), 34:18

– Pennsylvania

– – Carnegie Mellon Univ., race bias and retaliation, African Am. worker may proceed on retaliation claim (W.D. Pa.), 35:459
– – Governor Mifflin, racial bias, sanction of plaintiff's lawyer for discovery “self-help” (E.D. Pa.), 35:643
– – Lafayette Coll., sexual harassment, claims of female workers' in safety department resolved (E.D. Pa.), 34:597
– – Temple Univ., disability bias, hospital worker's 7-year delay not excusable (3d Cir.), 35:568
– – University of Pittsburgh, racial and sex bias, and retaliation, systems analyst's RIF claims fail (3d Cir.), 35:389
– – York City, racial bias and retaliation, school administrator lacks qualifications for reassignment (M.D. Pa.), 34:77

– P.R., Univ. of, age bias, pension claims (D.P.R.), 34:244
– S.C., Aiken Tech. Coll., age and disability bias, pro se litigant's “belated evidence” of exhaustion improperly rejected (4th Cir.), 34:121
– Tennessee

– – Nashville and Davidson County

– – – Age and racial bias, and retaliation, FMLA, head coaching wage supplement during absence, reappointment denial (6th Cir.), 34:209
– – – Retaliation, worker fired after cooperating with investigation, award (M.D. Tenn.), 34:159

– – Vanderbilt Univ., retaliation and defamation, researcher's claims over grants reinstated and award on defamation countersuit (6th Cir.), 34:178; (U.S., rev den), 35:411

– Texas

– – A&M Univ.

– – – National origin, racial, and sex bias, and retaliation, Native Am. lawyer may proceed only proceed on sex bias claim (S.D. Tex.), 34:665
– – – Prairie View, national origin and racial bias, Ledbetter Act applies to pay claims' limit periods (Tex. Ct. App.), 34:452

– – Spring Branch, national origin and racial bias, hiring claim of Asian custodial supervisor who has not bilingual (8th Cir.), 35:451
– – University of

– – – FMLA, error to reject sovereign immunity defense (Tex.), 35:77
– – – Racial and religious bias, verdict for Muslim doctor (N.D. Tex.), 34:691
– – – Religious bias, disparate treatment claimed by fired employees who held prayer session (N.D. Tex.), 35:171

– – Woodlands Christian Acad., arbitration pact requiring biblically based mediation enforceable (Tex. App.), 35:508

– Utah, Wasatch County, age bias, nonrenewal of teacher contract and replacement by younger intern (10th Cir.), 34:36
– Virginia

– – Chesterfield City, age bias, worker laid off and demoted entitled to email (E.D. Va.), 35:403
– – University Med. Coll., sex bias, retaliation, and defamation, medical resident's claims (W.D. Va.), 34:758

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

– – Madison Area Tech. Coll., marital status and racial bias, hiring refusal (7th Cir.), 35:570
– – Somerset, disability bias, seasonal affective disorder, windowed room denial (W.D. Wis.), 35:453

EEOC

See EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

ELECTRONIC DISCOVERY

– California

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

– 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

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.
– Discovery

See ELECTRONIC DISCOVERY

ELEVENTH AMENDMENT

– Qualified immunity

See QUALIFIED IMMUNITY

– Sovereign immunity

See SOVEREIGN IMMUNITY

EMOTIONAL DISTRESS

– Attorney monitoring psychiatric exam of client from another room (Cal. Ct. App.), 35:642
– Cleveland white officer's award reduced (N.D. Ohio), 34:340
– Medical resident's claims dismissed, university immunity (W.D. Va.), 34:758
– Psychotherapist-patient privilege waiver (10th Cir.), 34:183
– Taxation, settlement not excludable from income (T.C.), 34:130
– USPS workers must undergo mental exams (E.D. Cal.), 34:429

EMPLOYEE BENEFITS

See also specific benefits
– Health care

– – Insurance

See HEALTH INSURANCE

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

– Pensions

See PENSIONS

– Wages

See WAGES AND SALARIES

EMPLOYEE HANDBOOKS

See HANDBOOKS, EMPLOYEE

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYEE STATUS

– Age bias, no jurisdiction over FAA order challenge, designated engineering representative not considered employee (5th Cir.), 35:214
– Disability bias, doctor under contract to P.R. corrections agency has no ADA or Rehabilitation Act claims (1st Cir.), 35:607
– Independent contractors

See INDEPENDENT CONTRACTORS

– Iowa, prison inmate (Iowa), 35:16
– Racial bias

– – Judicial appointment denial, overturning verdict for white lawyer (Mo. Ct. App.), 34:216
– – Prosecutor appointed by city council not “employee” (M.D. Ala.), 35:85

– Racial bias and retaliation, dismissal of streets department laborer's claims federal and state agencies upheld, worker was employee of city (3d Cir.), 35:390
– Religious bias and retaliation, probationary IRS worker with visions of Jesus not “employee” (Fed. Cir.), 35:187
– Religious bias, contractor misinformed by USAF on status, equitable estoppel applicable (D. Md.), 35:461
– Retaliation, ex-teacher's claim improperly dismissed based on “volunteer” status (Fla. Ct. App.), 35:246
– Sex bias, harassment, pay disparity, and retaliation, law firm's shareholder/director not an “employee” (3d Cir.), 35:109
– Sex bias, insurance agent was independent contract (9th Cir.), 35:153
– Sexual harassment and retaliation, inadequate remuneration for volunteer firefighters to count as “employees” (N.D. Ohio), 34:77

EMPLOYER POLICIES

– ABA panel recommends employer review of policies impacting disabled workers, 35:551
– Affirmative action

See AFFIRMATIVE ACTION

– Convalescent location sick leave policy, nurse's travel request denial not age bias (6th Cir.), 34:417
– Discipline

See generally DISCIPLINE

– Electronic communications, privacy expectation in e-mail to lawyer on company laptop (N.J.), 34:420
– English language in workplace

– – Business necessity, Tenn. law signed, 34:748
– – EEOC Comm'r Ishimaru considers scrutiny of policies, 35:548

– Mandatory retirement

See MANDATORY RETIREMENT

– Or. mandatory meeting law

– – Business groups challenge (D, Or.), 34:69
– – House bill modification, 34:216; dies in Senate, 34:274

– Patient's racial preference, employer's endorsement as harassment (7th Cir.), 35:130
– Prescription drug testing, individuals must be disabled to pursue ADA challenge (6th Cir.), 35:534
– Promotion policy biased against male correctional guards (9th Cir.), 35:103
– Return-to-work policy

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

– Social media use, prevention of sexual harassment, Analysis, 35:118
– Workplace violence, protecting employees, BNA Insights, 35:58

EMPLOYER STATUS

– Disability bias, ADA coverage, remand for discovery (2d Cir.), 34:693
– Disability bias and retaliation, resource center as an “industry affecting commerce” (N.D. Cal.), 34:523

EMPLOYMENT AGENCIES

– Temporary work

See TEMPORARY AGENCIES

EMPLOYMENT AT WILL

– Arbitration

– – Employee manual did affect validity of pact (D. Md.), 35:507
– – Rebuttable presumption, worker's status change to contract employee (2d Cir.), 35:400

– Public policy exception

See PUBLIC POLICY

– Racial bias, fired medical worker could not show state exception (11th Cir.), 35:421

EMPLOYMENT CONTRACTS

– Independent contractors

See INDEPENDENT CONTRACTORS

– Nonrenewal

See NONRENEWAL OF EMPLOYMENT CONTRACTS

EMPLOYMENT ELIGIBILITY VERIFICATION

– I-9 forms, OFCCP discontinues inspections during onsite compliance reviews, 35:565

EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI)

– Rescission, e-mail insufficient notice of need to investigate application (N.D. Cal.), 34:341
– Sexual harassment, no duty to defend willful conduct of harasser (D. Mass.), 35:544

ENGINEERS

– Operating engineers union

See OPERATING ENGINEERS (IUOE)

ENGLISH PROFICIENCY REQUIREMENTS

See LANGUAGE REQUIREMENTS

ENVIRONMENT

– Affirmative action, conference discussion on boosting representation of women in green job sector, 35:302

E.O.

See EXECUTIVE ORDERS

EPA (EQUAL PAY ACT)

See EQUAL PAY ACT (EPA)

EPILEPSY

– Disability bias, bank teller fired after 10 absences may sue for disparate treatment and failure to accommodate (E.D. Mich.), 35:616
– FMLA, incapacitated employee not held to heightened notice requirement (5th Cir.), 35:182
– Pre-employment inquiries, viability of claim based on pre-offer medical inquiry (11th Cir.), 34:59; Web insights, 34:197

EPLI

See EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI)

EQUAL EMPLOYMENT OPPORTUNITY

– Affirmative action

See AFFIRMATIVE ACTION

– EEOC

See EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– Ed. Note: This heading covers actions affecting EEOC administration. For enforcement actions, regulatory changes, proposals, and interpretations, see specific subject headings.
– Administrative procedure guidance, EEOC Training Inst., 35:377
– Anniversary events

– – Creation of agency and passage of ADA, 35:37; awards ceremony, 35:127
– – Friends of Farmworkers, attorney discusses agency challenges, 35:671

– Appointments, personnel changes

– – District Reg'l Attorney, Philadelphia, Lawrence named, 34:618
– – Recess appointments, Berrien named as chair, Feldblum and Lipnic as comm'rs, 34:382; Berrien and Feldblum assume posts, 34:409; Lipnic sworn in, 34:473; Berrien, Lipnic, and Feldblum renominated, Lopez renominated as Gen. Counsel, 34:502; confirmed, 35:655

– Budget, FY 2011

– – Administration increase request, 34:148
– – Senate Appropriations Comm. approves, 35:100

– Enforcement

– – DOJ, joint memo expected, 34:5
– – General Counsel discusses multiprong approach, 35:200
– – Statistics, FY 2009 data, 34:88; FY 2010 data, 35:599

– Industry Liaison Group conference, Berrien discusses initiatives, 35:174
– Miller, former Comm'r mourned, 35:493
– Outreach and streamlined handling of charges, Comm'r Feldblum's goals, 34:698
– Racial bias and retaliation, dismissal of streets department laborer's claims related to agency's response upheld (3d Cir.), 35:390
– Rebuilding process underway while awaiting new leadership, Special Report, 34:105
– Regulatory agenda, 34:501
– Settlement agreements, digest, 34:73; 34:130; 34:190; 34:278
– Systemic litigation initiative, Comm'r Ishimaru discusses at D.C. Bar session, 34:670

EQUAL PAY ACT (EPA)

– Ed. Note: For entries on state law pay equity cases, other federal laws, and the wage gap, see PAY EQUITY.
– Anniversary of, White House statement, 34:710
– Army employee had no similarly situated comparator (11th Cir.), 34:214
– Class claims

– – Arbitration agreement no bar to Sterling Jewelers' female employees' claims (S.D.N.Y.), 34:99; judge would now reverse ruling, citing recent Supreme Court decision, 35:196
– – Family Dollar Store female managers' certification not barred by punitive damages request (W.D.N.C.), 34:131

– Employee status, law firm's shareholder/director not an “employee” (3d Cir.), 35:109
– Energy executive's differential due to experience and training (D.C. Cir.), 34:475
– Home building executive did perform substantial equal work (10th Cir.), 34:414
– Jurisdiction lacking due to similar pending Title VII promotion denial claim (Fed. Cir.), 34:155
– “Ministerial exception” applies to Catholic Diocese director's claims (10th Cir.), 35:101
– Nurse practitioners, pay differential between NPs and male physician assistants (Fed. Cir.), 34:43; (U.S., rev den), 35:410
– Paycheck Fairness Act

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

– Security firm employee's comparator evidence lacking (7th Cir.), 35:305
– Statutes of limitations, Dollar Store manager failed to file within 90 days (5th Cir.), 34:302
– Surgeon's claim viable despite raise after complaint (S.D. Fla.), 34:102
– Wis. state worker's male comparator evidence lacking (W.D. Wis.), 35:545

EQUAL PROTECTION

– Cal. state employee's firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
– Corrections officer's selective enforcement claim fails, firing for failed breathalyzer upheld (3d Cir.), 34:413
– Domestic partners

– – Ariz. state employees' partners, state law limiting insurance eligibility, injunction issued (D. Ariz.), 35:161
– – Long-term care insurance exclusion of state workers' partners (N.D. Cal.), 34:548

– Firefighters

– – Atlantic City white workers' §1983 race claims precluded by state action (D.N.J.), 34:195
– – Gadsden, Ala. worker's claims about driver certification rejected (11th Cir.), 34:592

– Foreign service worker's assignment denial due to retirement requirements (D.D.C.), 35:457
– Office manager's firing due to budget, no §1983 sex bias claim (N.D. Ill.), 35:452
– Pilot's challenge to nonretroactivity of 2007 law that raised age limit, but restricted reinstatement of retirees (D.D.C.), 34:696
– Pregnant Detroit officers settle over leave, light duty, and seniority (E.D. Mich.), 35:193
– Religious organization exemption upheld as constitutional (Wash. Ct. App.), 35:161
– Same-sex marriage, Defense of Marriage Act challenge by federal employees (D. Mass.), 35:145
– Teacher's §1983 claim related to surplussing due to staff racial balancing policy survives (S.D. Ohio), 34:608
– Transsexual Ga. state assembly worker entitled to relief on sex stereotyping claim (N.D. Ga.), 35:225
– Trustee age limit does not violate 14th Amend. (11th Cir.), 34:306

EQUITABLE ESTOPPEL

– FMLA, driver must show employer put on notice, new trial due to flawed instructions (8th Cir.), 35:274
– Religious bias, contractor misinformed by USAF on employee status, vaccination refusal claim (D. Md.), 35:461
– Sexual harassment, Army civilian's 3-year filing delay not excused despite EEO office failures (1st Cir.), 35:418

ERISA

– Cash balance plans

– – AT&T conversion does not violate law (D.N.J.), 35:55
– – Bankcorp, prohibition against benefit accrual rate reduction (8th Cir.), 34:43
– – Monsanto plan upheld (7th Cir.), 35:184
– – “Normal retirement age” defined by plan sponsors (U.S., rev den), 34:257

– Class actions, Seyfarth Shaw's 2009 report, filings increase, 34:88
– Early retirement eligibility, plan amendment, fiduciary duty claims of laid-off workers (8th Cir.), 34:448
– Wrongful discharge, no preemption of Wells Fargo employee's state claim (C.D. Cal), 34:191

ESA

– Ed. Note: The Employment Standards Administration was dissolved in November, 2009. Coverage of OFCCP, OLMS, and WHD may be found at the specific headings for each agency.

ESTOPPEL

– Collateral

See COLLATERAL ESTOPPEL

– Equitable

See EQUITABLE ESTOPPEL

– Judicial

See JUDICIAL ESTOPPEL

– Laches

See LACHES

ETHICS

– Age and sex bias, claims representative fired for breach of gift policy (5th Cir.), 34:479
– Conflicts of interest

See CONFLICTS OF INTEREST

– Sex bias and retaliation, arbitrators abused authority with order to reinstate in-house attorney as remedy (Wis.), 35:140

ETHNIC DISCRIMINATION

See RACIAL DISCRIMINATION

EUROPEAN UNION (EU)

– ADR use study, Web insights, 34:403

EVIDENCE

– After-acquired

– – Legal malpractice, evidence of client's felony not relevant to mishandling of bias suit (Ga. Ct. App.), 34:337
– – Religious bias and retaliation, exclusion of evidence about decertification (3d Cir.), 34:238
– – VA can admit misconduct evidence for remedy not liability (D. Me.), 35:291

– Age and disability bias, pro se litigant's “belated evidence” of exhaustion improperly rejected (4th Cir.), 34:121
– Age bias

– – New trial denial despite exclusion of corker's discharge (W.Va.), 35:578
– – San Francisco officers' putative class promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343

– Age, national origin, and racial bias, EEOC determination letter and exhibits, hospital workers' objections to (5th Cir.), 34:353
– Arbitration

– – Employer award upheld despite lost evidence, 9-day hearing and long transcript (3d Cir.), 35:401
– – Rebuttable presumption, at-will worker's status change to contract employee (2d Cir.), 35:400

– Burden of proof

See BURDEN OF PROOF

– Class action certification hearings, use of experts

– – Circuit-by-circuit overview, Daubert scrutiny of proof, BNA Insights, 35:433
– – Dukes v. Wal-Mart impact, Analysis, 35:256

– Disability and racial bias, Army worker's claims related to timeliness, hearsay, and authentication (6th Cir.), 35:12
– Disability bias, karate instructor's local claims remanded, testimony improperly excluded as hearsay (2d Cir.), 34:591; jurisdiction declined (E.D.N.Y.), 35:538
– Harassment, scope of relevant evidence broadened by McKesson ruling, Web insights, 34:167
– National origin and racial bias, exclusion of attorney settlement correspondence and denial of full testimony transcripts not reversible error (6th Cir.), 34:625
– National origin bias, sleeping on the job, employer's comparator proof of firings as discipline (E.D. Pa.), 34:283
– Negligence in training and supervision, physical harm for state claim (D. Nev.), 35:247
– Nonparties' claims alleging bias, Sprint rulings

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

– Racial bias

– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's claims (E.D. Pa.), 34:428
– – Physician's erroneously forced to disclose income for punitive damages issue, harmless error (4th Cir.), 35:370
– – Statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694

– Retaliation

– – Confidential document taken from HR cannot be used to support claim, but allowed in deposition (N.J.), 35:638
– – Exhaustion of remedies, proof outside pleadings considered in TSA worker's suit (11th Cir.), 35:469
– – Mediation communications confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313

– Sex bias and retaliation

– – Doctor's suit against hospital, exclusion of proof on spoliation order for electronic evidence harmless error (Conn. App. Ct.), 34:23
– – Officer's claim over assignment denial, excluded testimony prejudicial and not probative (7th Cir.), 34:40
– – Probationary firefighter /model's firing for posting of photos and rulebreaking (11th Cir.), 34:234

– Sexual harassment

– – Coworker testimony about their harassment relevant (4th Cir.), 34:211
– – Interview statements not sworn affidavits, many complainants not present (Arb.), 34:162
– – “Little homosexual whore” namecalling, firing of harasser based on hearsay and manager's notes upheld (Arb.), 35:196
– – Pattern or practice claim triable, no numerical threshold (N.D. Ill.), 34:457

– Sexual harassment and retaliation, exclusion of incidents during trial for retaliation upheld, prejudice outweighs relevancy (8th Cir.), 35:417

EXECUTIVE ORDERS

– 11246, affirmative action for federal contractors

– – Compensation bias, female sales representatives, DOL complaint against drug maker, 34:601
– – Recordkeeping violations, engineering and construction services provider's settlement (DOL OALJ), 35:542

– 13548, disabled individuals, federal employment, 35:125

EXHAUSTION OF REMEDIES

– Age and disability bias

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

– Age and racial bias, EPA workers' claims (10th Cir.), 34:303
– Age and sex bias, and retaliation, exhaustion is jurisdictional not affirmative defense, summary judgment dismissal improper (10th Cir.), 35:470
– Age and sex bias, timeliness of promotion denial and performance appraisal claims (D.C. Cir.) , 34:208
– Age bias

– – Target worker's demotion and class claims, dismissal upheld (10th Cir.), 35:108
– – UPS worker cannot piggyback on coworker filings (11th Cir.), 35:637

– Age, disability, and racial bias, promotion denial claim not included in EEOC charge (11th Cir.), 34:654
– Age, national origin, and racial bias, hospital workers involved in cheating dispute (5th Cir.), 34:353
– Disability bias

– – Depressed worker's “regarded as” claim (3d Cir.), 35:635
– – Equitable tolling of 14-year-old claims related to 1936 murder not justified (3d Cir.), 34:449
– – Hearing-impaired mail carrier fired for key mishap (10th Cir.), 34:411
– – Louisiana State Univ. faculty member's office space claim (5th Cir.), 34:120

– 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
– Racial and sex bias

– – Los Angeles firefighter's award overturned (Cal. Ct. App.), 34:243
– – Miami public health worker's promotion claim (11th Cir.), 34:356

– Racial bias

– – Hiring, rejection of untimely claims (M.D. Pa.), 35:420
– – Intervention, dismissal of external applicants' claims in error, single-filing exception (D.C. Cir.), 34:679
– – RIFs, systems analyst's claim not exhausted (3d Cir.), 35:389

– Racial bias and retaliation, VA cook's retaliation claim revived, Title VII rule not jurisdictional (6th Cir.), 35:44
– Racial bias, city not named in EEOC charge (11th Cir.), 35:571
– Retaliation, exhaustion of remedies issue, proof outside pleadings considered in TSA worker's suit (11th Cir.), 35:469
– Sex bias

– – Cintas, dismissal of hiring claims due to EEOC failure to investigate (E.D. Mich.), 35:374
– – Intake reference to hostile environment not on charge form (3d Cir.), 34:154

– Sexual harassment

– – Army civilian's 3-year filing delay not excused despite EEO office failures (1st Cir.), 35:418
– – Attorneys' fees, trial court improperly set aside arbitrator's award, EEOC filing as precondition to fee award an open issue (Mich. Ct. App.), 35:23
– – OFCCP filing mistake not “constructive filing” with EEOC, equitable tolling applicable (W.D. La.), 35:24
– – USPS worker's claim for alleged assault, equitable tolling when contact with EEO counselor made after 6 months (5th Cir.), 34:62

EXPERTS

– Class action certification hearings, use of experts

– – Circuit-by-circuit overview, Daubert scrutiny of proof, BNA Insights, 35:433
– – Dukes v. Wal-Mart impact, Analysis, 35:256

– Emotional distress, USPS workers must undergo mental exams (E.D. Cal.), 34:429
– FMLA, testimony of “serious health condition” sufficient (3d Cir.), 34:351; self-diagnosis of incapacitation, Web insights, 34:403
– Racial bias, statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694