Employment Discrimination Report Index-Summary

IBT

ILLINOIS

– Bremen High Sch., racial bias, gross negligence in not securing emails (N.D. Ill.), 34:756
– Chicago

– – Fire Dep't, 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
– – Police Dep't, sex bias and retaliation, assignment denial claim, no error in jury instructions and evidentiary rulings (7th Cir.), 34:40
– – Transit Auth., sexual harassment, carpenter's one uncorroboaated incident sufficient to proceed (7th Cir.), 35:279

– Chief Judges Office, disability bias, in-court reporting is essential function, firing of reporter with incontinence upheld (7th Cir.), 34:441
– Cook County

– – Racial and sex bias, correctional officers acquitted of sexual misconduct could not prove §1981 and §1983 claims (7th Cir.), 34:534
– – Sex bias and sexual harassment, layoff due to budget, affirmative defense for harassment and no due process claim for bias (N.D. Ill.), 35:452

– Credit history inquiries by employers, new law bars, 35:220
– Disadvantaged business rules apply to firms involved in state-funded projects, 35:138
– Eastern Ill. Univ., retaliation, Native Am. worker failed to show mascot criticism caused promotion denial (7th Cir.), 34:651
– Harvey, racial bias, nonpromotion of white firefighters upheld (7th Cir.), 34:351
– Kane County Forest Preserve, disability bias, police chief fired after DUI not “qualified” individual (7th Cir.), 34:333
– Peoria, age bias, officer's rescinded transfer (7th Cir.), 35:661
– Sex bias, Tyson Foods, OFCCP complaint of hiring refusal of female applicants at meat processing plant, 35:376

IMMIGRATION

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

See UNDOCUMENTED WORKERS

IMMUNITY

– Intra-military

– – Disability and sex bias, Air Reserve technician's claims barred (6th Cir.), 35:129
– – National origin and sex bias claims of dual status Natl. Guard technician barred by Feres doctrine (8th Cir.), 35:210
– – Sexual harassment and retaliation, dual status USAF worker's claims barred by Feres doctrine (9th Cir.), 34:712

– Qualified immunity

See QUALIFIED IMMUNITY

– School district not immune to disability bias suit under state tort law (Ohio Ct. App.), 34:630
– Sovereign immunity

See SOVEREIGN IMMUNITY

– United Nations and officials shielded from sex bias and retaliation claims (2d Cir.), 34:298; (U.S., rev den), 35:410

INDEMNIFICATION

– Sexual harasser's willful conduct, insurer has no duty to defend (D. Mass.), 35:544

INDEPENDENT CONTRACTORS

– Age bias, marketing representative was not an employee (8th Cir.), 34:265
– Arbitration, rebuttable presumption, at-will worker's status change to contract employee (2d Cir.), 35:400
– Disability bias

– – Discovery, remand on employer status issue for ADA coverage (2d Cir.), 34:693
– – Physician fired after condition disclosed may sue under Rehabilitation Act (U.S., rev den), 34:746

– Racial bias, exhaustion of remedies, city not named in EEOC charge (11th Cir.), 35:571
– Sexual harassment, viability of female contractor's “refusal to do business” claim (N.J. Super. Ct. App.), 34:68

INDIANA

– Indianapolis, racial bias, consent decree does not shield officials from officers' equal protection promotion claims, no qualified immunity (7th Cir.), 35:332
– Marion County, racial bias and retaliation, ALJ's finding for ousted white coroner upheld but award “excessive” (7th Cir.), 35:162
– Racial bias, denial of staff privileges (Ind. Ct. App.), 34:453
– South Bend, sexual harassment and retaliation, single prank insufficient, transfer not adverse (N.D. Ind.), 34:727

INDIANS, AMERICAN

See NATIVE AMERICANS

INJUNCTIONS

– Ariz. state employees' domestic partners, state law limiting insurance eligibility, enforcement enjoined (D. Ariz.), 35:161
– Interlocutory injunction over personnel board appointments merged with final order, no appellate jurisdiction (11th Cir.), 34:535
– National origin and racial bias, NYC firefighter applicant test (E.D.N.Y.), 35:477
– National origin bias, Navajos hiring preference in coal mine, EEOC injunction relief for bias not damages (9th Cir.), 35:45
– Racial bias, reconsideration of injunction in disparate impact suit by black firefighter applicants over residency rule (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– Retaliation, former funeral employee not entitled to injunction for protection of future workers (W.D. Pa.), 35:340

INJURIES AND ILLNESSES

– Back injuries, driver's per se bias suit “100 percent healed” return-to-work policy (N.D. Ind.), 34:288
– Down's syndrome, firing after care of child with syndrome, FMLA retaliation claim (M.D. Pa.), 34:192
– Workers' compensation

See WORKERS' COMPENSATION

INSUBORDINATION

– Age and sex bias, trucking firm worker's claims rejected, firing upheld, similarly-situated workers not treated better (7th Cir.), 34:586
– Age bias and retaliation, county worker's firing for failure to cooperate in security investigation upheld (6th Cir.), 34:622
– Racial bias and 1st Amend. retaliation, state worker's firing (S.D. Ohio), 34:576
– Racial bias and retaliation, housing authority manager's firing upheld (11th Cir.), 35:106
– Retaliation, bank teller's ADA firing claim (M.D. Tenn.), 34:345
– Sex bias

– – Cal. state employee's firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
– – Food products employee's award for disparate treatment claim (E.D. Tex.), 34:394
– – Sergeant's suspension and firing after refusing to answer questions about relationship may be pretext (E.D. Mich.), 34:101
– – Southwestern Bell technician's firing for training refusal, psychotherapist-patient privilege waiver for emotional distress damages claim (10th Cir.), 34:183

– Sex bias and retaliation, female officer's firing upheld (11 Cir.), 34:564

INSURANCE

– Accident, Ariz. state employees' domestic partners, state law limiting insurance eligibility, injunction (D. Ariz.), 35:161
– EPLI

See EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI)

– Health

See HEALTH INSURANCE
– – Retirees

See RETIREE HEALTH BENEFITS

– Life insurance

See LIFE INSURANCE

– Long-term care exclusion of state workers' same-sex partners (N.D. Cal.), 34:548

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

See EMOTIONAL DISTRESS

INTEREST

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

INTERNATIONAL LABOR

See specific countries

INTERNET

– Ed. Note: For a list of electronic resources and Web sites, see back page of each issue.
– Discovery

See ELECTRONIC DISCOVERY

– Gender variance bias, USAJOBS website bias ban, 34:88
– Sexual harassment via social media websites, prevention advice, Analysis, 35:118
– Web insights

See WEB INSIGHTS

INTERPRETERS

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

INTERVENTION

– Racial bias

– – Dismissal of external applicants' claims for failure to exhaust in error, single-filing exception (D.C. Cir.), 34:679
– – Nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565

INTERVIEWS

– Applicants

See HIRING

INVESTIGATIONS

– Age bias and retaliation, insubordination, county worker's firing for failure to cooperate upheld (6th Cir.), 34:622
– Age, national origin, and sex bias and constructive discharge, warden investigated for misconduct, forced retirement (5th Cir.), 35:532
– Attorney disqualification, investigator of bias was member of defense law firm, showing of prejudice necessary participation bar (Me.), 34:573
– National origin bias, union and others call for probe of Sutter Health and Filipino nurses' hiring claims, 35:321
– Racial bias and retaliation

– – Army employee's travel irregularities (11th Cir.), 34:214
– – Gas mechanic may sue sham examination of his claims (D. Mass.), 34:487

– Retaliation

– – Decision maker's investigation relieves lower level manager of §1983 liability for firing, denial of award upheld (U.S., rev den), 34:471
– – Nashville and Davidson County employee fired after cooperating with probe (M.D. Tenn.), 34:159
– – N.Y. state workers assisted probe, claims revived under “materially adverse” standard (2d Cir.), 34:149
– – Participation in employer's internal investigation, employee's comments not shielded (7th Cir.), 35:269
– – Tax auditor failed to show inaction on race bias complaints was adverse (2d Cir.), 34:621

– Sexual harassment, attorney fee award for failure to investigate class claims (N.D. Iowa), 34:245

IOWA

– Age bias, jury instructions erroneous for federal standard but valid under state law upheld (8th Cir.), 35:397
– Davenport Civil Rights Comm'n, sex bias, due process (Iowa), 34:18
– Davenport, disability bias, reinstatement of vision-impaired laborer, DOT standards inapplicable (Iowa Ct. App.), 35:314
– Dubuque, disability bias, firing for attendance upheld, worker not entitled to jury instruction on accommodation before shift (Iowa Ct. App.), 35:424
– Prison inmate, employee status (Iowa), 35:16
– Racial bias, class action filed against executive branch for systemic bias against African Americans in hiring and promotions (Iowa Dist. Ct.), 35:425

IUOE

See OPERATING ENGINEERS (IUOE)