Employment Discrimination Report Index-Summary

FAA

See FEDERAL ARBITRATION ACT (FAA)

FAIR LABOR STANDARDS ACT (FLSA)

– Class actions, Seyfarth Shaw's 2009 report, filings increase, 34:88
– Equal Pay Act

See EQUAL PAY ACT (EPA)

– Nursing mothers' breaks in private space

– – DOL fact sheet, 35:151
– – Workplace accommodations, 35:351

– Overtime

See OVERTIME

FAIR REPRESENTATION DUTY

– Age bias, union's allocation of bankruptcy claim shares not breach of duty (E.D. Mich.), 35:26
– Punitive damages, USW denied per se exclusion for state breach claim (N.M.), 35:48
– Racial bias and retaliation, dismissal of streets department laborer's claims against union upheld (3d Cir.), 35:390

FAMILIES

– Family leave

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

– Family responsibilities bias

See FAMILY RESPONSIBILITIES DISCRIMINATION (FRD)

– Work/life issues

See generally WORK/LIFE ISSUES

FAMILY AND MEDICAL LEAVE

– Ed. Note: This heading refers to state and international laws, non-FMLA leave, and other employer-provided leaves of absence. For FMLA claims, see FAMILY AND MEDICAL LEAVE ACT (FMLA).
– Australia, paid parental leave for 18 weeks, 35:89
– Beverage distribution firm, restrictive leave policy (N.D. Ill.), 34:310
– Federal employees, OPM update of family member definition broadens leave rights, 34:710; leave without pay support policy extended to same-sex domestic partners and their children, 35:303
– Healthy Families Act

See LEGISLATION, FEDERAL, HR 2460, S 1152

– Insurance agent's request for additional disability leave for radiation, boss failed to invoke ADA's interactive process (E.D. Pa.), 35:54
– “Kin care” rule inapplicable to uncapped sick leave (Cal.), 34:274
– Maternity leave

– – China, Web insights, 34:141
– – Housekeeper fired after employer reneged on promise for time beyond state mandate (Mass.), 35:188
– – Length-of-service requirement not sex bias (Ohio), 35:15

– MetLife worker returning from leave for cancer, bias and retaliation claims (3d Cir.), 34:334

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Arbitration

– – CitiFinancial employee's constructive discharge claim compelled, no waiver (D. Colo.), 34:280
– – Paramedics did not accept ADR, no knowing voluntary waiver (6th Cir.), 34:545

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Bankruptcy, firefighter's judgment void due to misrepresentations (5th Cir.), 35:369
– Burden of proof

– – County administrative assistant fired after taking several leaves may sue (7th Cir.), 34:585
– – Insurance firm employee fired one month after care for disabled child (M.D. Pa.), 34:192
– – Sales representative failed to show “but for” causation in firing, verdict set aside (D.D.C.), 34:751

– Call-in policy violation, firing (8th Cir.), 35:665
– Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– Domestic violence, leave for victims, NELA discussion, 35:463
– Eligibility

– – Factory clerk did not meet threshold hours for leave, no tolling due to earlier leave (7th Cir.), 34:450
– – Misinformation on entitlement, secretary's interference claim revived (D.C. Cir.), 35:39

– Federal sector, impact of switching jobs, BNA Insights, 35:379
– 15-day certification period, receptionist fired after 2 week absence may sue despite initial negative certification (6th Cir.), 35:333
– Fitness tests, “prophylactic” measure for officer with “volatile” behavior (9th Cir.), 35:128
– Front pay

– – Judge-determined equitable relief (9th Cir.), 34:309
– – Jury's interrogatory answer ambiguous, denial for food services director vacated and remanded (3d Cir.), 34:393

– Intermittent leave, depressed dispatcher's claim for indefinite period rejected (8th Cir.), 35:67
– Knowledge of employer

– – Incapacitated employee not held to heightened notice requirement (5th Cir.), 35:182
– – Painter's claims rejected, worker failed to reveal condition and request leave (8th Cir.), 35:7
– – Truck driver must show employer put on notice, new trial due to flawed instructions (8th Cir.), 35:274

– Liquidated damages denial to pathologist (E.D. Cal.), 34:517
– Misconduct

– – Driver's firing for misuse of leave (E.D. Mich.), 34:74
– – Factory manager fired for abusive phone call to supervisor not retaliation for leave (6th Cir.), 35:605
– – Ford worker's homicidal feelings and zero tolerance policy (S.D. Ohio), 35:482

– New Am. Found. discussion on paid leave, 34:709
– Performance, job

– – Battery plant unable to perform job, firing not retaliatory pretext (D. Kan.), 35:516
– – Bookkeeper fired 2 weeks into childbirth leave may sue (M.D. Fla.), 35:430
– – Demotion of vice president upheld (11th Cir.), 34:444
– – Home building firm employee's right to start leave not absolute, worker would have been fired anyway (11th Cir.), 34:446
– – RIF selection of Kmart associate on leave (6th Cir.), 34:212

– Return to work

– – Chef's claims (M.D. Tenn.), 34:28
– – Pregnancy bias, janitorial services contractor for IKEA sued by civil rights group (N.D. Cal.), 35:375

– “Serious health condition”

– – Receptionist's and experts' testimony sufficient (3d Cir.), 34:351; self-diagnosis of incapacitation, Web insights, 34:403
– – Speech therapy for son insufficient (M.D.N.C.), 35:25

– “Son or daughter” definition, people caring for child includes domestic partners and grandparents, DOL letter, 35:56; OPM extends DOL interpretation to executive branch, 35:267
– Sovereign immunity

– – Court procurement director's claims (4th Cir.), 35:569
– – University's defense rejected in error (Tex.), 35:77

– Successor liability

– – Dollar Tree, balancing of equities test (9th Cir.), 35:361
– – RadioShack, laches bars claim (6th Cir.), 35:216

– Wage supplemental for coaching during absence (6th Cir.), 34:209

FAMILY RESPONSIBILITIES DISCRIMINATION (FRD)

– Hastings Coll. of the Law report, barring by local laws, 34:18

FEDERAL ARBITRATION ACT (FAA)

– Class arbitration

– – Imposition when pact silent in error (U.S., dec), 34:499; unresolved questions, BNA Insights, 35:90
– – Wireless telephone services, invalidation of waiver as unconscionable (U.S., rev grant), 34:617; lawyers discuss, 35:409; (oral arg), 35:536

– Ky. laws barring mandatory arbitration preempted (W.D. Ky.), 34:161
– Truckers' “contract of employment” exempt from FAA (M.D. Fla.), 34:52

FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– Ed. Note: This heading covers actions affecting OFCCP administration. For enforcement actions, regulatory changes, proposals, and interpretations, see specific subject headings.
– Agenda

– – Natl. Employment Law Inst., management attorney discusses, 35:487
– – Special Report, affirmative action compliance emphasis with more onsite reviews, staff increases, and focus on veterans and disabled workers, 34:138

– Enforcement

– – ABA conference discussion, 35:550
– – Compensation bias

– – – Dir. Shiu discusses, 34:373; rulemaking to replace 2006 guidance, 35:174
– – – Ledbetter impact, 34:373

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

– Industry Liaison Group conference, regional directors discuss outreach and compliance staff hiring, 35:173
– Statistics

– – Corporate Equality Center analysis of 2008 data, 34:147
– – Recoveries, FY 2009, 34:175

FEDERAL CONTRACTS AND CONTRACTORS

– Affirmative action

See AFFIRMATIVE ACTION

– Disability bias, hearing-impaired court security officers, remand on essential job functions and third party liability (3d Cir.), 34:386
– Mandatory arbitration, DOD implementation of “Franken Amendment,” Web insights, 34:403; interim rule bars requirement for resolution of Title VII and other claims against contractors, 34:618; final rule, 35:655
– OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– Pay equity, DOL complaint alleges drug maker pays female sales representatives less, 34:601
– Pregnancy bias, security guards at Army posts (D. Kan.), 35:640
– Racial bias, Coca-Cola bottler to pay for hiring refusal of African Am. and Hispanics in sales support jobs (DOL OALJ), 35:426
– Religious bias, contractor misinformed by USAF on employee status, equitable estoppel applicable (D. Md.), 35:461

FEDERAL EMPLOYEES

– Administrative hearing procedure guidance, EEOC Training Inst., 35:377
– Age and disability bias, and retaliation

– – Exhaustion of remedies, USPS worker sued before final ruling of EEO office (5th Cir.), 35:447
– – Wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39

– Age and disability bias, diabetic VA worker's transfer upheld, he was not otherwise qualified as plant operator (10th Cir.), 34:715
– Age and racial bias

– – Exhaustion of remedies for EPA workers' claims (10th Cir.), 34:303
– – Library of Congress police group has standing to sue for race but not age bias over claims related to Capitol Police merger (D.D.C.), 34:367

– Age and sex bias

– – Default judgment for SSA's discovery failures in attorney's promotion denial suit (EEOC), 34:99
– – DOD male worker's nonpromotion claims reinstated (6th Cir.), 35:566
– – Timeliness of promotion denial and performance appraisal claims (D.C. Cir.) , 34:208

– Age bias

– – Enforcement action on attorney's reemployment claim derailed by DOJ compliance (9th Cir.), 34:650
– – FAA order challenge, no subject matter jurisdiction, designated engineering representative not considered employee (5th Cir.), 35:214
– – FDIC employees did not show disproportionate impact of RIF (D.C. Cir.), 35:241
– – Foreign service worker's work assignment denial due to retirement requirements (D.D.C.), 35:457
– – Mixed-motive promotion claim of Navy employee viable (D.C. Cir.), 35:656

– Age, disability, national origin, and sex bias, and retaliation, USPS mail carrier loses key (10th Cir.), 34:411
– Age, racial, and sex bias, Patent and Trademark Office workers' “accretion-of-duties” promotion claims fail (4th Cir.), 35:105
– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Breach claims

– – ALJ's order, no jurisdiction over USPS worker's breach claim when agreement incorporated into order (Fed. Cl.), 35:324
– – Appellate jurisdiction over transferred claims (D.C. Cir.), 35:41
– – Educ. Dep't, negative reference (Fed. Cl.), 34:604
– – Workers' compensation and social security benefit interference, USPS worker's claims rejected (8th Cir.), 35:215

– Complaint processing, EEOC final rule expected, regulatory agenda, 34:501
– Disability and national origin bias, and retaliation

– – HUD ALJ's accommodation, harassment and marginalization complaint (D.D.C.), 34:251
– – Noncitizen Army employee may sue over ID policy, email changes, discipline, and firing (E.D. Cal.), 35:86

– Disability and racial bias, and retaliation, USPS worker's claims (W.D. Wash.), 35:669
– Disability and racial bias, Army worker's evidentiary claims related to timeliness, hearsay, and authentication (6th Cir.), 35:12
– Disability bias

– – Absent pro se plaintiff, continuance denial (5th Cir.), 34:240
– – Equitable tolling of 14-year-old claims related to 1936 murder not justified (3d Cir.), 34:449
– – Flexible work schedule, Navy technologist with arthritis still could not perform essential functions (3d Cir.), 34:152
– – Hearing aid ban for court security officers undergoing mandatory hearing tests, business-necessity defense (U.S., rev den), 34:94
– – Jury instructions on §501 proof requirements, VA nurse's claims (4th Cir.), 34:506
– – Medical inquiries, DHS suspension and firing of FPS employee who refused mental health improper (S.D. Cal.), 34:637
– – Promotions

– – – Blind IRS blind programmer may sue for denial (D. Md.), 34:668
– – – Social Sec. Admin. workers with targeted disabilities, class certification (EEOC), 35:324

– – Res judicata, USPS worker's Rehabilitation Act claim barred (11th Cir.), 35:282
– – Transfer denial of DOD security specialist's request improper (EEOC), 34:462
– – TSA not exempt from Rehabilitation Act, instructor prevented from working (EEOC Appeal), 35:674
– – “Without leave” classification due to lack of medical evidence, SSA employee's firing upheld, telework not reasonable accommodation (Fed. Cir.), 34:418

– Disability bias and retaliation

– – After-acquired evidence, VA can admit misconduct for remedy not liability (D. Me.), 35:291
– – Magistrate's authority to enforce USPS worker's settlement (6th Cir.), 34:391
– – Transfer denial for USPS letter carrier with facet syndrome (3d Cir.), 34:38

– Disabled individuals, recruitment, study, 34:409
– Diversity

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

– – – 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
– – Fish and Wildlife Serv. criticized, 35:56
– – Hispanics, OPM report, 34:502
– – MSPB report on federal workforce, 34:148
– – Work/life programs, OPM report, 34:710

– Domestic partners

– – Congressional Research Serv. report on pending benefit legislation, 34:325
– – Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– – OPM update of family member definition broadens leave rights, 34:710; FMLA, “son or daughter” definition, DOL interpretation extended to executive branch, 35:267; leave without pay support policy extended to same-sex domestic partners and their children, 35:303
– – Presidential memo extends rights, 34:678

– Emotional distress, USPS workers must undergo mental exams (E.D. Cal.), 34:429
– EPA

– – Jurisdiction lacking due to similar pending Title VII promotion denial claim (Fed. Cir.), 34:155
– – VA nurse practitioners, pay differential between NPs and male physician assistants (Fed. Cir.), 34:43; (U.S., rev den), 35:410

– FMLA, impact of switching jobs, BNA Insights, 35:379
– Gender variance bias, USAJOBS website bias ban, 34:88
– MSPB summary of prohibited personnel practices, 35:37
– National origin bias, FAA Native Am. applicant not qualified (7th Cir.), 35:663
– Racial and sex bias, and retaliation

– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – USAID worker's promotion and performance rating claims (D.C. Cir.), 34:718

– Racial bias

– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's disparate treatment and promotion claims (E.D. Pa.), 34:428
– – Pay grade claim of FAA worker untimely (6th Cir.), 34:94
– – Performance, VA pharmacist who made mistakes could not identify similarly situated worker (6th Cir.), 35:186
– – Promotions, sanction imposition for DHS discovery violations in Secret Serv. agents' suit (D.D.C.), 35:168
– – Transfers, Secret Serv. agent's reassignment due to mismanagement not bias (D.D.C.), 34:666

– Racial bias and retaliation

– – Army civilian cook's claims over promotions and harassment, insufficient proof (6th Cir.), 34:330
– – IRS worker's demotion, rejection of pretext jury instruction (U.S., rev den), 34:470
– – TSA screener's promotion and firing claims (11th Cir.), 35:503
– – UPS worker's firing for dishonesty, 8-month time break in causal connection (11th Cir.), 34:91
– – VA cook's retaliation claim revived, Title VII rule not jurisdictional (6th Cir.), 35:44

– Racial bias and retaliation, and Equal Pay Act, Army employee's promotion, pay, and treatment claims (11th Cir.), 34:214
– Religious bias and retaliation

– – Jewish lawyer fired by CIA, dismissal of claims due to national security (D.D.C.), 34:371
– – Probationary IRS worker with visions of Jesus not “employee” (Fed. Cir.), 35:187

– Religious bias, border patrol officer's harassment and rehiring claims may proceed, swastika on locker and anti-Semitic remarks (N.D.N.Y.), 35:319
– Retaliation

– – Absent without leave status and physical contact, USPS worker fails to prove materiality (10th Cir.), 34:537
– – Causal nexus

– – – Army clinical director removed for lack of qualifications not EEO activity (5th Cir.), 35:277
– – – Performance review and leave denial, close timing insufficient for USPS worker's claims (5th Cir.), 35:471
– – – Suspension adverse despite rescission, nexus possible despite 15-month gap (2d Cir.), 34:42

– – Exhaustion of remedies, proof outside pleadings considered in TSA worker's suit (11th Cir.), 35:469
– – Hiring, FAA orders, no jurisdiction due to intertwined claims (5th Cir.), 35:572
– – Light duty, USPS worker's status determined by independent panel, no cat's paw found, home without pay and nonpromotion upheld (7th Cir.), 35:334
– – Navy probationary worker's award increased (EEOC Appeal), 35:675
– – Pleading

– – – Interior Dep't worker not required to submit all claims from administrative proceeding (D.C. Cir.), 35:332
– – – VA technologist's claims not “within four corners of his complaint,” reference made to separate case document (5th Cir.), 35:12

– – Promotions, Social Sec. Admin. attorney failed to show “false information” changed outcome (7th Cir.), 34:682
– – Secret Serv. analyst's claims about ostracism and workload revived (D.C. Cir.), 35:154
– – Traffic citations, pay delay, and bumping of USPS worker insufficient (1st Cir.), 34:560
– – Transfers

– – – HUD lawyer's reassignment could be adverse (D.C. Cir.), 34:504
– – – Perception theory claim of Secret Serv. worker denied transfer (D.D.C.), 34:344

– – USDA worker's claims arising before settlement barred (1st Cir.), 35:133

– Settlements

– – Breach claims

See Breach claims, this heading

– – National Employment Lawyers Ass'n, negotiation tips, 35:29

– Sex and racial bias, equitable tolling possible for pro se Navy civilian litigant due to counsel's conduct (6th Cir.), 34:14
– Sex bias

– – FAA manager's lateral reassignment, adverse actions (D.C. Cir.), 34:35
– – Pay equity, retired EPA worker's pension checks not fresh acts of bias (EEOC Appeal), 35:673
– – Sex stereotyping, air marshal's harassment claim, comments about orientation not effeminacy (S.D. Fla.), 34:250

– Sex bias and retaliation

– – Attorneys' fees for EEOC proceeding, Navy civilian may sue (9th Cir.), 34:559
– – Forest Serv. worker's claims rejected, comments about breastfeeding insufficient and assignment change not adverse (D. Colo.), 35:346
– – Postal clerk's judgment vacated, no “materially adverse” actions (1st Cir.), 34:632

– Sexual harassment

– – Library of Congress to resolve claims involving law librarian chief (D.D.C.), 35:285
– – Personal space encroachment and staring by boss may be sufficient (1st Cir.), 35:418
– – Settlement rescission claim rejected, jurisdiction lacking when no sovereign immunity waiver (11th Cir.), 35:156
– – Supervisor's lack of attraction immaterial, conduct triggered by gender (1st Cir.), 34:716
– – USPS worker's alleged assault by coworker, equitable tolling when contact with EEO counselor made after 6 months (5th Cir.), 34:62

– Sexual harassment and retaliation, dual status worker's claims barred by intra-military immunity (9th Cir.), 34:712
– Sexual orientation, Defense of Marriage Act challenge by employees' with same-sex spouses (D. Mass.), 35:145
– Special Panel on Appeals, chairman nomination for Walsh, 34:87

FEDERALLY FUNDED PROGRAMS

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

FEES

– Attorney

See ATTORNEYS' FEES

FIDUCIARY DUTY

– Pension plan amendment to early retirement eligibility, ERISA claims of laid-off workers (8th Cir.), 34:448

FIFTH AMENDMENT

– Due process

See DUE PROCESS

FIGHTING

See generally VIOLENCE

FIREFIGHTERS

– Alabama

– – Birmingham, interlocutory injunction over personnel board appointments merged with final order, no appellate jurisdiction (11th Cir.), 34:535
– – Gadsden, racial bias, equal protection and due process claims rejected (11th Cir.), 34:592

– Ark., Forrest City, racial bias, 7 arrests, claims rejected (8th Cir.), 35:307
– California

– – Los Angeles

– – – 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

– – San Diego, sexual harassment, gay pride parade, award affirmed (Cal. Ct. App.), 35:475
– – San Jose, inspector reinstated despite harassment claims, progressive discipline (Cal. Ct. App.), 35:575

– Conn., 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. worker's claim rejected (D. Conn.), 34:638

– – Intentional bias proof burden, conference discussion, 34:401

– Florida

– – Palm Beach County, 1st Amend., no claim freedom of intimate association, demotion for extramarital affair (11th Cir.), 34:594
– – Pensacola, racial bias, summary judgment response, penalized by deadline change (11th Cir.), 34:507

– Georgia

– – Atlanta, racial bias, denial of qualified immunity for chief in promotion suit (11th Cir.), 35:134
– – Perry, racial bias and retaliation, no protected activity (11th Cir.), 35:363
– – Savannah, sex bias and retaliation, firing of probationary employee for posting of photos and rulebreaking (11th Cir.), 34:234

– Illinois

– – Chicago, racial bias, timeliness of charges filed by black applicants after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615
– – Harvey, racial bias, nonpromotion of white employees upheld (7th Cir.), 34:351

– Ind., South Bend, sexual harassment and retaliation, single prank insufficient and transfer not adverse (N.D. Ind.), 34:727
– Minn., Rochester, national origin and sex bias, applicants may sue (8th Cir.), 34:652
– Mo, St. Louis, racial bias, black chief properly demoted for disobeying order to fill jobs (Mo. Ct. App.), 35:78
– New Jersey

– – Atlantic City, race, majority of white workers' §1983 civil rights claims precluded by state action (D.N.J.), 34:195
– – Newark, racial and sex bias, promotion claims (3d Cir.), 34:481
– – North Hudson, racial bias, reconsideration of injunction in disparate impact suit by black applicants over residency rule (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406

– New York

– – Mount Vernon, racial bias, no bias against fire lieutenant applicant when 2004 list expired during consideration of black advocacy group's challenge (S.D.N.Y.), 34:639
– – New York City, national origin and racial bias, firefighters

– – – Disparate impact concerns put hold on new test (E.D.N.Y.), 35:227; enjoined, 35:477
– – – Intentional bias, written test for academy applicants (E.D.N.Y.), 34:163

– – Selden, age bias, fire district resolves claims for denial of retirement credits to volunteers over 55 (E.D.N.Y.), 34:517
– – Syracuse, racial bias, white firefighter applicants may challenged continuing validity of 1980 consent decree (2d Cir.), 35:71

– Ohio, Middlefield, sexual harassment and retaliation, inadequate remuneration for volunteers to count as “employees” (N.D. Ohio), 34:77
– Tex., Arlington, FMLA, judgment void due to bankruptcy misrepresentations (5th Cir.), 35:369

FIRST AMENDMENT

– Free exercise of religion, “ministerial exception”

– – Age and sex bias, sexual harassment, and Equal Pay Act, exception applies to director's claims (10th Cir.), 35:101
– – Racial bias and retaliation, black pastor's claim barred (11th Cir.), 34:449
– – Retaliation

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

– Free speech

– – Auditor's firing for release of police misconduct report upheld (8th Cir.), 35:470
– – Class action by community college workers' suit related to racially-charged emails, qualified immunity (9th Cir.), 34:619
– – Retaliation

– – – Corrections officer's speech personal, firing for failed breathalyzer upheld (3d Cir.), 34:413
– – – Decision maker's investigation relieves lower level manager of §1983 liability for firing, denial of award upheld (U.S., rev den), 34:471
– – – Drug director applicant's rejection based on poor interview, 6-7 month gap between speech and rejection (2d Cir.), 34:588
– – – Police officer's claims related favoritism and duty failures rejected (9th Cir.), 35:128
– – – Speech pathologist's advocacy for students (10th Cir.), 34:237
– – – Teacher's claim related to surplussing for exam review request fails, no official duty and no chilling effect (S.D. Ohio), 34:608
– – – Transit manager demoted after internal misconduct report (2d Cir.), 34:354
– – – Witness listing in internal bias complaint is not speech (11th Cir.), 35:74

– Freedom of association, demotion for extramarital affair, firefighter has claim (11th Cir.), 34:594
– Juror access for educational interviews by nonparty lawyers' group (10th Cir.), 34:176
– Or. mandatory meeting law

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

– Political affiliation, recreation bureau worker's firing claim (3d Cir.), 34:7

FISA

See FOREIGN SOVEREIGN IMMUNITIES ACT (FISA)

FLEXIBLE WORK SCHEDULES

– Disability bias, Navy technologist with arthritis still could not perform essential functions (3d Cir.), 34:152
– Men's roles in workplace flexibility, panel discussion, 35:359
– Small business, best practices, DOL conference, 35:490
– Wage cut preference for flexibility, poll, 35:360

FLORIDA

– Age bias

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

– Aventura, sexual harassment, city manager's comments to principal over nearly 3 years insufficient, general vulgarity (11th Cir.), 35:11
– Corrections Dep't, sexual harassment, prison liable on inmates' action toward female staff (11th Cir.), 34:590
– Gadsden County, retaliation, ex-teacher's claim improperly dismissed based on “volunteer” status (Fla. Ct. App.), 35:246
– Gainesville, racial bias, city not named in EEOC charge (11th Cir.), 35:571
– Lee County, disability bias and USERRA, post-traumatic stress disorder, hiring refusal of veteran officer (11th Cir.), 34:43
– Manatee County Bd. of Comm'rs, retaliation, witness listing in internal bias complaint insufficient for protected activity (11th Cir.), 35:74
– Marital status bias, “state of being married” protection, no coverage for bias due to spouse's identity (Fla. Ct. App.), 34:69
– Monroe County, sexual harassment, mayor's sex-themed stories sufficient for verdict (11th Cir.), 35:18
– Palm Beach County, 1st Amend., no claim freedom of intimate association, demotion for extramarital affair (11th Cir.), 34:594
– Panama City Beach, sex bias and retaliation, proof lacking on female corporal's firing and promotion claims (11th Cir.), 35:104
– Panama City, sex bias and retaliation, female officer's firing for insubordination upheld (11 Cir.), 34:564
– Pensacola, racial bias, summary judgment response, firefighters penalized by deadline change (11th Cir.), 34:507
– Saint Lucie Cnty. Sch. Bd., racial and sex bias, and retaliation, probationary teacher's claims fail (11th Cir.), 35:446
– Sexual orientation and gender identity bias, ban request by human rights group, 35:666

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOREIGN SOVEREIGN IMMUNITIES ACT (FISA)

– Age bias, commercial activity exception based on Taiwanese worker's civil servant determination (S.D. Tex.), 34:396

FOREIGN WORKERS

– Discrimination

See NATIONAL ORIGIN DISCRIMINATION

– Eligibility

See EMPLOYMENT ELIGIBILITY VERIFICATION

– South African affirmative action laws do not apply to foreign workers, 35:89
– Undocumented

See UNDOCUMENTED WORKERS

FOURTEENTH AMENDMENT

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

FOURTH AMENDMENT

– Corrections officer's claim over intoxication test fails (3d Cir.), 34:413

FRD

See FAMILY RESPONSIBILITIES DISCRIMINATION (FRD)

FREEDOM OF SPEECH

– Auditor's firing for release of police misconduct report upheld (8th Cir.), 35:470
– Community college workers' class action related to professor's racially-charged emails, qualified immunity (9th Cir.), 34:619
– Corrections officer's speech personal, firing for failed breathalyzer upheld (3d Cir.), 34:413
– Drug director applicant's rejection based on poor interview, 6-7 month gap between speech and rejection (2d Cir.), 34:588
– Ohio state worker's firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– Police officer's retaliation claims related favoritism and duty failures rejected (9th Cir.), 35:128
– Speech pathologist's advocacy for students (10th Cir.), 34:237
– Teacher's claim related to surplussing for exam review request fails, no official duty and no chilling effect (S.D. Ohio), 34:608
– Transit manager demoted after internal misconduct report (2d Cir.), 34:354
– Witness listing in internal bias complaint is not speech (11th Cir.), 35:74

FRONT PAY

– Age bias, fired Miami TV reporter requests additional sum, 35:287
– Arbitration award withholding by employer, prohibition (S.D. Tex.), 34:664
– FMLA

– – Judge-determined equitable relief (9th Cir.), 34:309
– – Jury's interrogatory answer ambiguous, denial for food services director vacated and remanded (3d Cir.), 34:393

FUNERAL LEAVE

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