Employment Discrimination Report Index-Summary

LABOR DEPARTMENT (DOL)

– Ed. Note: This heading covers actions affecting DOL administration. For enforcement actions, regulatory changes, proposals, and interpretations, see specific subject headings.
– Grants, initiatives for hiring of disabled individuals, 35:151; more funding offered, 35:209; awards to 9 states, 35:387
– OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

LABOR-MANAGEMENT RELATIONS ACT (LRMA)

– Preemption

– – National origin and retaliation claims of Russian immigrants related to bargaining pact revived (2d Cir.), 34:713
– – Sexual harassment, Verizon worker's claims against union over failure to pursue grievance for graffiti (S.D.N.Y.), 34:431

LACHES

– Pregnancy bias and FMLA, RadioShack worker's claim barred, no successor liability (6th Cir.), 35:216

LANGUAGE REQUIREMENTS

– EEOC Comm'r Ishimaru considers scrutiny of fluency tests, 35:548
– Tenn. law, English in workplace, business necessity, 34:748
– Training, DOL memo and multilingual workplace challenges, Special Report, 34:762

LAST CHANCE AGREEMENTS (LCAs)

– FMLA, firing of driver due to misuse of leave and refusal to sign agreement (E.D. Mich.), 34:74

LAW ENFORCEMENT EMPLOYEES

– Ark., Hot Spring County, sexual assault by deputy, sheriff's individual and official immunity (8th Cir.), 34:239
– California

– – Los Angeles, retaliation, discretion to deny attorneys' fees for low recovery under FEHA (Cal.), 34:96
– – San Francisco, age bias, officers' putative class promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343

– Conn., Bridgeport

– – Racial bias, nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565
– – Religious bias and retaliation, Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760

– Corrections officers

See CORRECTIONAL FACILITIES

– D.C., racial bias, minority officers' claims rejected (D.C. Cir.), 34:594
– Florida

– – Lee County, disability bias and USERRA, post-traumatic stress disorder, hiring refusal of veteran officer (11th Cir.), 34:43
– – Panama City Beach, sex bias and retaliation, corporal's promotion and firing claims rejected (11th Cir.), 35:104
– – Panama City, sex bias and retaliation, female officer's firing for insubordination upheld (11 Cir.), 34:564

– Ga., Columbus, retaliation, pre-Burlington rule applied to past incidents, reversal of qualified immunity for officers (11th Cir.), 34:412
– Illinois

– – Chicago, sex bias and retaliation, officer's claim over assignment denial, no error in jury instructions and evidentiary rulings (7th Cir.), 34:40
– – Cook County, 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
– – Kane County, disability bias, chief fired after DUI not “qualified” individual (7th Cir.), 34:333
– – Peoria, age bias, officer's rescinded transfer (7th Cir.), 35:661

– Ind., Indianapolis, racial bias, consent decree does not shield officials from officers' equal protection promotion claims, no qualified immunity (7th Cir.), 35:332
– Kan., Wichita, racial bias, promotion and discipline claims rejected, piggybacking on untimely claim (10th Cir.), 35:132
– Library of Congress, age and racial bias, training, mandatory retirement, and standing of police group merging with Capitol Police (D.D.C.), 34:367
– La., Vinton, attorneys' fees for civil rights claims under §1988 (U.S., rev grant), 35:518
– Md., Baltimore, qualified immunity of mayor in police commissioner's firing suit (4th Cir.), 34:15
– Michigan

– – Detroit, pregnancy bias and equal protection, officers settle over leave, light duty, and seniority (E.D. Mich.), 35:193
– – Oakland County Sheriff's Office, sex bias, sergeant's suspension and firing after refusing to answer questions about relationship may be pretext (E.D. Mich.), 34:101

– New Jersey

– – Long Branch, disability bias and retaliation, claims of officer fired after mental heath treatment made public reinstated (3d Cir.), 34:620
– – Racial bias, civil service commission sued for impact of sergeant promotion exam (D.N.J.), 34:136
– – State Troopers, retaliation, rejection of claim for harassment for opposition to racial profiling (3d Cir.), 34:561

– New York

– – New York City, national origin bias, promotions and demotions of criminalists (2d Cir.), 35:664
– – Rockland County, racial bias, worker's prior state action bars federal suit (2d Cir.), 35:392
– – Suffolk County, pregnancy bias, attorneys' fees for park officer due to “case-specific variables” (E.D.N.Y.), 34:21

– Ohio, Cleveland, racial bias and retaliation, white officer's award reduced (N.D. Ohio), 34:340
– Okla, Krebs, ADEA exception and hiring refusal based on state pension and retirement law (10th Cir.), 34:60
– Pennsylvania

– – Burgettstown, religious bias and retaliation, exclusion of after-acquired evidence about decertification (3d Cir.), 34:238
– – Norwegian Twp., age bias, lone officer may sue over disbanding of force (M.D. Pa.), 35:543
– – Philadelphia, disability bias, essential job functions, firearm use, city disability rule conflict with Rehabilitation Act (E.D. Pa.), 34:253

– Port Auth. of N.Y. and N.J., racial bias, attorneys' fees reduction (S.D.N.Y.), 34:312
– P.R., sexual harassment and retaliation, DOJ suit (D.P.R.), 35:647
– Texas

– – Beaumont, sex bias, officer denied promotion, damages and fees upheld, future damages rejected (5th Cir.), 35:317
– – Dallas, retaliation, field training duties denial was adverse, claim reinstated (5th Cir.), 35:283
– – Reeves County, racial bias, probation officer's firing for failure to follow consultant's recommendations (5th Cir.), 34:122

– Va., Roanoke, sexual harassment, Supremacy Clause, party substitution, new sheriff (4th Cir.), 34:211
– Vt., mandatory retirement (Vt.), 35:139
– Wash., Yakima, disability bias, FMLA, retaliation, “prophylactic” fitness test for officer with “volatile” behavior, claims rejected (9th Cir.), 35:128

LAWYERS

– Fees

See ATTORNEYS' FEES

LAYOFFS

– Age bias

– – Newspaper advertising director may sue, sufficient “but for” proof (E.D. Mo.), 34:607
– – “Old man of operation” fired in reorganization, stray remark insufficient (3d Cir.), 34:120
– – School board worker entitled to discovery of email (E.D. Va.), 35:403
– – Troublesome employee rehiring denial not bias (6th Cir.), 34:533

– Age bias and breach of fiduciary duty, pension plan amendment to early retirement eligibility, claims of laid-off workers (8th Cir.), 34:448
– Disability benefits of temporarily disabled worker (Arb.), 34:162
– Disability bias and retaliation, EAP counselor not disabled, outsourcing was business decision (8th Cir.), 35:271
– National origin bias and retaliation, city planner laid off during reorganization (5th Cir.), 35:422
– Pregnancy bias

– – Design coordinator let go during housing bust (D.N.M.), 34:287
– – Social worker denied another job after elimination (D. Md.), 35:481
– – Victoria's Secret manager may sue, firm advertised for opening (S.D.N.Y.), 35:288

– RIFs

See REDUCTIONS IN FORCE (RIFs)

– Sex bias and sexual harassment, office manager's firing due to budget, affirmative defense for harassment and no due process claim for bias (N.D. Ill.), 35:452
– Unemployment, longer duration for older workers

– – EEOC hearing, 35:563
– – U.S. Comm'n on Civil Rights hearing, 34:709

LCAs

See LAST CHANCE AGREEMENTS (LCAs)

LEAVE

– Family and medical leave

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

– Pregnancy bias, hospital technician not offered leave option and fired after birth may sue (E.D. Ark.), 35:588
– Racial and sex bias, and retaliation, paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– Retaliation

– – Army civilian's AWOL designation due to leave documentation issues not harassment charge (1st Cir.), 35:418
– – Commissary worker's forced leave (D. Conn.), 35:513

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Workers' compensation, distribution of settlement for class action over Sears' leave policy (N.D. Ill.), 34:189

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR 12, Paycheck Fairness Act, Senate committee to hold hearings, 34:115; hearing testimony, ABA supports, 34:295; Center for Am. Progress report on security of unmarried women, 34:325; ABA conference discussion, 34:372; action expected after recess, 34:439; Obama urges passage, 34:710; equal pay task force and Obama call for passage, 35:99; Hudson Inst. briefing, opponents warn of harm, 35:529; BNA Insights, 35:555
– – HR 1020, Arbitration Fairness Act, bar on mandatory arbitration unless in bargaining pact, legislative priority of trial lawyer group, 34:87; ABA conference, lawyer discusses, 35:551
– – HR 1237, Fairness in Nursing Home Arbitration Act, legislative priority of trial lawyer group, 34:87
– – HR 2074, Pathways Advancing Career Training Act, job training for women, Center for Am. Progress report, 34:325
– – HR 2460, Healthy Families Act, Joint Econ. Comm. report estimates coverage of 30M workers under paid sick leave law, 34:297; Center for Am. Progress report on unmarried women's security, 34:325; ABA conference discussion, 34:372
– – HR 2517, Domestic Partnership Benefits and Obligations Act, extension of government employment benefits to same-sex domestic partners, Congressional Research Serv. report, 34:325; Obama urges passage, 34:678
– – HR 3017, Employment Non-Discrimination Act, prohibition of workplace bias based on sexual orientation or gender identity, ABA conference discussion, 34:372; Educ. and Labor Comm. work expected, 34:439
– – HR 3047, Balancing Act, FMLA expansion includes paid sick leave, leave for domestic violence, telework, same-sex spousal benefits for federal employees, and part-time worker benefits, 34:439
– – HR 3149, Equal Employment for All Act, Fin. Servs. panel hearing on discriminatory use of credit checks, 35:359
– – HR 3721, Protecting Older Workers Against Discrimination Act, House Judiciary panel hearing, DOJ official supports bill to overturn Gross ruling on “but for” causation for age bias claims, 34:677
– – HR 4115, Open Access to Courts Act, pleading standards, legislative priority of trial lawyer group, 34:87
– – HR 4544, Rosa's Law, Health, Educ., disabilities, intellectual impairment to replace mental retardation language, 34:649

– Senate

– – S 182, Paycheck Fairness Act, hearing testimony, ABA supports, 34:295; Center for Am. Progress report on security of unmarried women, 34:325; ABA conference discussion, 34:372; action expected after recess, 34:439; Obama urges passage, 34:710; equal pay task force and Obama call for passage, 35:99; BNA Insights, 35:555
– – S 512, Fairness in Nursing Home Arbitration Act, legislative priority of trial lawyer group, 34:87
– – S 931, Arbitration Fairness Act, bar on mandatory arbitration unless in bargaining pact, legislative priority of trial lawyer group, 34:87; ABA conference, lawyer discusses, 35:551
– – S 1102, Domestic Partnership Benefits and Obligations Act, extension of government employment benefits to same-sex domestic partners, Congressional Research Serv. report, 34:325
– – S 1152, Healthy Families Act, Joint Econ. Comm. report estimates coverage of 30M workers under paid sick leave law, 34:297; Center for Am. Progress report on unmarried women's security, 34:325; ABA conference discussion, 34:372
– – S 1504, Notice Pleading Restoration Act, legislative priority of trial lawyer group, 34:87
– – S 1584, Employment Non-Discrimination Act, prohibition of workplace bias based on sexual orientation or gender identity, ABA conference discussion, 34:372; Harkin is hopeful of passage, 34:439
– – S 1756, Protecting Older Workers Against Discrimination Act, counters Gross ruling requiring “but-for” causation on ADEA claims, Health, Educ., Labor, and Pensions Comm. hearing, 34:531
– – S 2781, Rosa's Law, disabilities, Health, Educ., Labor and Pensions Comm. approves, intellectual impairment to replace mental retardation language, 34:649
– – S 2915, Rape Victims Act, binding arbitration bar for employment suits arising from rape, 34:6
– – S 3772, Paycheck Fairness Act, Reid reintroduces, 35:302; Hudson Inst. briefing, opponents warn of harm, 35:529; BNA Insights, 35:555; cloture motion rejected, 35:563

LICENSES AND LICENSING

– Boat captain's firing for drug test refusal, Coast Guard suspension of license (2d Cir.), 34:389

LIFE INSURANCE

– Age bias, retirees' disparate impact class claims (D. Kan.), 35:84
– Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

LIGHT DUTY

– Detroit pregnant officers settle (E.D. Mich.), 35:193
– USPS worker's status determined by independent panel, no cat's paw found, home without pay upheld (7th Cir.), 35:334

LILLY LEDBETTER FAIR PAY ACT

– ABA

– – Annual meeting, refocused attention on pay bias, 35:552
– – Natl. Conf. on EEO law, OFCCP Dir. Shiu discusses enforcement, 34:373

– Age and disability bias, and retaliation, wage classification pay claim of Interior Dep't worker timely under Ledbetter but lacking proof (2d Cir.), 34:39
– Age bias, PricewaterhouseCoopers employee's promotion claims untimely, law cannot revive (D.C. Cir.), 34:236
– National origin and racial bias

– – Haitian Boeing mechanic cannot preserve untimely promotion claims (3d Cir.), 35:388
– – Professor's state pay claims (Tex. Ct. App.), 34:452

– Sex bias, pay equity

– – EPA retired worker's pension checks not fresh acts of bias (EEOC Appeal), 35:673
– – Seton Hall Univ., Ledbetter ruling rejected, reinstatement of female professors' wage claims, remand (N.J.), 35:610

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LITIGATION

– Ed. Note: For lower court cases, see specific subject matter headings. For Supreme Court cases and actions, see SUPREME COURT, U.S.

LOUISIANA

– David Wade Corr. Facility, racial bias, maintenance worker's promotion denial claims rejected (5th Cir.), 35:633
– State Univ., disability bias, claims of faculty member with back pain (5th Cir.), 34:120
– Union Parish Sch. Bd., racial bias, new claims at summary judgment should have been treated as motion to amend (5th Cir.), 34:685
– Vinton, attorneys' fees for civil rights claims under §1988 (U.S., rev grant), 35:518

LRMA

See LABOR-MANAGEMENT RELATIONS ACT (LRMA)