Employment Discrimination Report Index-Summary

HANDBOOKS, EMPLOYEE

– Age and disability bias, arbitration pact not illusory, validity not affected by manual (D. Md.), 35:507
– Sexual harassment, Cheesecake Factory worker bound by arbitration clause (D. Md.), 35:21

HANDICAPPED EMPLOYEES

See DISABLED EMPLOYEES

HARASSMENT

– National origin

See generally RACIAL DISCRIMINATION

– Racial

See generally RACIAL DISCRIMINATION

– Sexual

See SEXUAL HARASSMENT
– – Same-sex

See SAME-SEX HARASSMENT

HEALTH AND WELFARE PLANS

See EMPLOYEE BENEFITS

HEALTH INSURANCE

– Age bias, corrections agency's “age 55 cliff” program and benefits contributions (D. Minn.), 34:551; payment ordered, 34:750
– Ariz. state employees' domestic partners, state law limiting eligibility, injunction issued (D. Ariz.), 35:161
– Mental health parity, HHS interim benefit rules, 34:148
– Retaliation, coverage of post-discharge conduct, cancellation of insurance after firing (N.J.), 34:124; Web insights, 34:197
– Sexual orientation

– – Defense of Marriage Act challenge by employees' with same-sex spouses (D. Mass.), 35:145
– – Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– – Md. extends benefits to state employees' same-sex spouses married outside state, 34:658

HEARING IMPAIRMENT

– California

– – Class action of state workers (Cal. Super. Ct.), 34:680
– – Ventura County's hiring refusal of deaf social worker (C.D. Cal.), 35:165

– Court security officers, hearing aids

– – Business necessity test, ban on aids while undergoing mandatory tests (U.S., rev den), 34:94
– – Essential job functions and third party liability, remand (3d Cir.), 34:386

– Interpreters

– – Material handler not provided assistance at all meeting (D. Md.), 35:585
– – UPS clerk's failure to accommodate claim (9th Cir.), 35:273

– Mail carrier with hearing loss fired for key mishap (10th Cir.), 34:411
– Open pit mine applicant (D. Minn.), 34:758; costs imposed against EEOC, 35:541

HEARING PROCEDURES

– Administrative procedure guidance, EEOC Training Inst., 35:377
– Sex bias, due process violation (Iowa), 34:18

HEARSAY

See generally EVIDENCE

HIRING

– Affirmative action

See AFFIRMATIVE ACTION

– Age bias

– – Attorneys

– – – NLRB lawyer lacked appropriate experience (Cal. Ct. App.), 35:161
– – – Staff position, applicant did not prove superior qualifications (5th Cir.), 35:68

– – Disparate treatment claim of former Boeing technician based on inconsistent performance evaluations (10th Cir.), 34:13
– – Misrepresentation by firm, late filing allowed (D. Me.), 34:522
– – Nonrenewal of employment contracts, over 70 exclusion not applicable (N.J.), 34:687
– – Unemployed workers over 55 finding work, Sloan Center report, 35:600

– Age, national origin, and racial bias, online applicant of nursing homecare job, questionnaire as disparate treatment (3d Cir.), 34:270
– Age, national origin, racial, and sex bias, staffing firm's biased referral decisions (N.D. Ohio), 35:195
– Corporate Equality Center reports

– – Adverse actions, “best practices” for analyses, 35:301
– – OFCCP's 2008 settlement data analysis, 34:147

– 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, 34:748

– Criminal records, Mass. law, 35:220; guidance issued, 35:611
– Disability bias

– – China, HIV-positive teacher's claim to be heard, 35:350
– – Discovery, audio recording of county executive session (W. Va.), 34:218
– – Hearing impairments

– – – Open pit mine job applicant (D. Minn.), 34:758
– – – Ventura County, social worker refusal (C.D. Cal.), 35:165

– – “Illegal inquiry” claim about applicant's history rejected (1st Cir.), 34:742
– – Pre-offer medical inquiry, viability of claim (11th Cir.), 34:59; Web insights, 34:197
– – Recovering addict undergoing methadone treatment (W.D. Pa.), 34:432
– – Road construction firm, rescinded job offer to diabetic (M.D. Pa.), 35:396
– – Staffing firm, revocation of offer to blind worker (N.D. Ill.), 35:19

– Disability bias and USERAA, post-traumatic stress disorder, refusal of veteran officer (11th Cir.), 34:43
– Disabled individuals, DOL grants for increased employment, 35:151; more funding offered, 35:209; 9 states, 35:387
– National origin and racial bias

– – Asian custodial supervisor was not bilingual (8th Cir.), 35:451
– – Bus company's hiring policy barring applicants with felony convictions, disparate impact on blacks and Hispanics claimed (N.D. Cal.), 35:167
– – Firefighters, NYC

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

– – Human relations assistant not selected for restructured benefits analyst job (N.D. Ill.), 35:144

– National origin and racial bias, and retaliation, staffing firm's warehouse referrals (W.D. Tenn.), 35:248
– National origin and sex bias, firefighter applicants may sue (8th Cir.), 34:652
– National origin bias

– – Cal. union and others call on San Francisco to investigate Sutter Health over Filipino nurses' claims, 35:321
– – FAA Native Am. applicant not qualified (7th Cir.), 35:663
– – Hotel management firm, non-Chinese food servers (C.D. Cal.), 34:243
– – John Jay Coll., pattern or practice action settlement over noncitizen documentation (OCAHO), 34:662
– – Navajos preference in coal mine, EEOC injunction relief for bias not damages (9th Cir.), 35:45
– – U.S. citizen-lemon pickers may pursue §1981 claims (D. Ariz.), 35:407

– National origin, racial, and sex bias, use of credit and criminal records, time limits issue narrows scope of class action to practices after 2007 (D. Md.), 34:571
– OFCCP compliance staff increase, regional directors discuss, 35:173
– Pregnancy and racial bias, rejection of teller before others applied (W.D. Wis.), 35:483
– Racial and sex bias, and retaliation, black female paramedic may sue Pittsburgh (W.D. Pa.), 34:316
– Racial bias

– – Aircraft engine parts maker, class action for black machinists (DOL OALJ), 35:673
– – Attorney work product, EEOC information shielded from McCormick & Schmick deposition (D. Md.), 35:81
– – Bank's entry-level jobs, black applicants (DOL OALJ), 34:226
– – Bridgeport, Conn., nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565
– – Coca-Cola bottler's refusal of African Am. and Hispanics in sales support jobs (DOL OALJ), 35:426
– – Customer service representative with misdemeanor criminal record, rejection of claim upheld (8th Cir.), 35:362
– – Discovery, third-party testing data for grocery chain's hiring, production compelled (3d Cir.), 35:323
– – Firefighters

– – – Chicago, timeliness of charges filed by black applicants after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615
– – – Mount Vernon, no bias against lieutenant applicant when 2004 list expired during consideration of black advocacy group's challenge (S.D.N.Y.), 34:639
– – – Residency rule, reconsideration of injunction in disparate impact suit by black applicants (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– – – Syracuse, white applicants may challenged continuing validity of 1980 consent decree (2d Cir.), 35:71

– – 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 (Iowa Dist. Ct.), 35:425
– – Janitorial contractor, black applicants (N.D. Ill.), 35:539
– – Nurse's qualifications lacking, time bar on other claims (11th Cir.), 34:90
– – Pa. Corrs. Dep't, rejection of 32 claims for time-bar, res judicata and failure to exhaust remedies (M.D. Pa.), 35:420
– – Schools

– – – Educational manager's claims (7th Cir.), 35:570
– – – Principal's job at black school, rejected white applicant may sue (N.D. Miss.), 34:164

– – Statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694
– – Tyson Foods subsidiary resolves claims of white and black applicants, 35:474
– – US Airways workers' class action (E.D. Pa.), 34:132
– – Vanguard Group, settlement (E.D. Pa.), 34:44

– Racial bias and retaliation, drug director applicant's rejection based on poor interview and abrasive style, 6-7 month-gap after speech (2d Cir.), 34:588
– Religious bias, dress code and grooming

– – Hotel management firm can be sued, Muslim female applicants who refused to remove head scarves not interviewed (W.D. Ky.), 34:488
– – Rastafarian security guard applicant with dreadlocks, no statement that hairstyle related to religion (7th Cir.), 35:274

– Retaliation, FAA orders, no jurisdiction due to intertwined claims (5th Cir.), 35:572
– Sex bias

– – Animal control officer's verdict for refusal upheld (10th Cir.), 34:661
– – BFOQ, opinion letter about women's prison not reviewable (Wash. Ct. App.), 35:138
– – Class action certification for female applicant's fitness test claim, issue not moot (D. Conn.), 34:101
– – Continental Airlines to resolve hiring refusal claims, 34:631
– – Food distributor, order selector jobs (DOL OALJ), 35:674
– – “Pattern or practice” actions

– – – N.Y.C. liable, hiring of male bridge painters (S.D.N.Y.), 34:631; settlement, 35:396
– – – §706 action, framework not authorized, burden-shifting to prove Cintas bias (E.D. Mich.), 34:249; EEOC questionnaire not protected by attorney-client or work product privilege, 34:430; claims dismissal, EEOC failure to exhaust, 35:374

– – Postoperative transsexual's denial not proven as “because of sex” (D.N.H.), 34:193
– – Schwab Tire chain (W.D. Wash.), 34:339
– – Tyson Foods, OFCCP complaint of refusal of female applicants at meat processing plant, 35:376
– – Wal-Mart, female applicants for warehouse jobs (E.D. Ky.), 34:275

– Skills requirements, disparate impact claims, EEOC opinion letter, 35:203

HIV

See AIDS AND HIV

HOURS OF WORK

– Attendance

See ATTENDANCE

– Breaks, meal and rest

See BREAKS, MEAL AND REST

– Disability bias

– – Cancer is “disability” under ADAAA even if in remission (N.D. Ind.), 35:318
– – Rite Aid cashier's day shift denial, accommodation not limited to workplace arrival, commute consideration (3d Cir.), 34:440
– – USPS worker's fibromylangia and insomnia, no accommodation (W.D. Wash.), 35:669
– – Wine steward with night vision impairment, claims for firing and refusal of schedule adjustment revived (9th Cir.), 35:157

– Flexibility

See FLEXIBLE WORK SCHEDULES

– 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
– Religious bias

– – Airline settlement, “no shift swap” policy (D. Minn.), 34:45
– – Avoidance of claims, Analysis, 34:730
– – Sabbath observance, early departure on Friday (S.D.N.Y.), 34:284
– – Security firm employee's firing for loafing upheld despite Friday accommodation request (3d Cir.), 35:364
– – Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760

– Sex bias and retaliation, security firm employee's evidence lacking (7th Cir.), 35:305
– Sex bias, nurse's intent to file claim over hours, no summary judgment when factual dispute (W.D. Pa.), 35:290