Employment Discrimination Report Index-Summary

MAINE

– Attorney disqualification, investigator of bias was member of defense law firm, showing of prejudice necessary participation bar (Me.), 34:573
– University of, sex bias, sexual harassment, and retaliation, communications professor's pay, office space, and hostile environment claims fail (1st Cir.), 34:326

MANDAMUS

– National origin and racial bias, writ issued, nonappealable order to produce documents covered by attorney-client and attorney-work product privilege (9th Cir.), 34:635
– Racial bias, disparate impact claims of county workers (6th Cir.), 34:743

MANDATORY ARBITRATION

– ABA meeting, panelists discuss imposition of ADR, 35:201
– Age and disability bias, pact not illusory, validity not affected by employee manual (D. Md.), 35:507
– Age bias and retaliation, NCR policy “unconscionable” (N.D. Cal.), 35:401
– Arbitration Fairness Act

See LEGISLATION, FEDERAL, HR 1020, S 931

– Biblically based mediation requirement for teacher at Christian academy enforceable (Tex. App.), 35:508
– CEO's knowing waiver, electronic acknowledgment (N.J. Super. Ct. App. Div.), 34:754
– Cost provisions

– – eBay pact defect severable (10th Cir.), 35:573
– – Racial and sex bias, splitting provision, enforceability standard and financial ability to pay (N.Y.), 34:423

– Disability, national origin, and racial bias, and retaliation, busboy's claims compelled despite adhesion contract (S.D. Cal.), 34:663
– 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
– FMLA, USERRA, sexual harassment, and retaliation, married paramedics did not accept ADR, no knowing voluntary waiver (6th Cir.), 34:545
– National origin and sex bias, and FMLA, CitiFinancial employee's promotion and constructive discharge claims compelled, no waiver (D. Colo.), 34:280
– National origin and sex bias, jewelry store employee's claims not compelled, arbitration pact unenforceable (3d Cir.), 34:753
– Racial and sex bias

– – Cost-splitting provision, enforceability standard and financial ability to pay (N.Y.), 34:423
– – “Loser pays” provision, casino assistant “cage” manager's claims not compelled (3d Cir.), 34:363

– Racial bias

– – Court's authority to make threshold unconscionability determination for Rent-A-Center manager's claims (U.S., oral arg), 34:469; delegation provision in pact, arbitrator to rule (dec), 34:739
– – Truckers' “contract of employment” exempt from FAA (M.D. Fla.), 34:52

– Rape Victims Act

See LEGISLATION, FEDERAL, S 2915

– Sexual harassment and retaliation, makeup artist's claims (2d Cir.), 34:279
– Sexual harassment, Cheesecake Factory worker bound by handbook clause (D. Md.), 35:21
– State laws

– – Ky. prohibition preempted by FAA (W.D. Ky.), 34:161
– – Missouri

– – – Continued employment alone not acceptance of pact (Mo. Ct. App.), 34:359
– – – Legal consideration lacking in dealership's “promise” to be bound (Mo. Ct. App.), 35:314

MANDATORY RETIREMENT

– Canada, Web insights, 34:141
– Foreign service worker's assignment denial, ADEA exception (D.D.C.), 35:457
– Library of Congress police group's claims rejected due ADEA exception and Merger Act's rational basis (D.D.C.), 34:367
– Pilot's equal protection challenge to nonretroactivity of 2007 law that raised limit, but restricted retiree reinstatement (D.D.C.), 34:696
– State troopers and public safety officers (Vt.), 35:139
– UK, Web insights, 34:141; 34:197

MARITAL STATUS DISCRIMINATION

– Cabinetry firm employee married to former worker, firing claim revived (Minn. Ct. App.), 34:541
– Hiring refusal, applicant married to attorney who sued college (7th Cir.), 35:570
– Mortgage executive fired for describing client with expletive (11th Cir.), 35:153
– “State of being married” protection, no coverage for bias due to spouse's identity (Fla. Ct. App.), 34:69

MARRIAGE

– Employment bias settlements as marital property in divorce (Md. Ct. Spec. App.), 34:273
– Same-sex

See SAME-SEX MARRIAGE

MARYLAND

– Baltimore County

– – Age and racial bias, and retaliation, teacher given leave to amend complaint (D. Md.), 35:458
– – Age bias, older new hires' pension contribution rates (4th Cir.), 35:43

– Baltimore, qualified immunity of mayor in police commissioner's firing suit (4th Cir.), 34:15
– Health and Mental Hygiene Dep't, racial and sex bias, direct evidence of bias in promotion denial (4th Cir.), 34:64
– Laurel, age and disability bias, building chief failed to give notice (Md. Ct. Spec. App.), 34:721
– Marital property in divorce, employment bias settlement (Md. Ct. Spec. App.), 34:273
– Maryland Ct. of App., FMLA, racial bias and retaliation, procurement director's claims (4th Cir.), 35:569
– Morgan State Univ., national origin and racial bias, and retaliation, promotion claims of Nigerian professor untimely (4th Cir.), 34:267
– St. Mary's County, retaliation, inadequate preparation of corporate representative deponent, sanctions (D. Md.), 34:247
– Same-sex spouses married outside state, health care benefits extended for state employees, 34:658
– Sexual harassment, Cheesecake Factory worker bound by arbitration clause in employee handbook (D. Md.), 35:21
– Washington Suburban Sanitary Comm'n is not state entity, agency is a “person” and subject to local anti-bias ordinances (Md.), 34:627

MASSACHUSETTS

– Boston Sch. Comm., retaliation, causal nexus proof (Mass.), 34:453
– Criminal records of applicants, law, 35:220; guidance issued, 35:611
– Disability bias, “illegal inquiry” claim about applicant's history rejected (1st Cir.), 34:742
– Maternity leave, housekeeper fired after employer reneged extra time promise, failure to appeal adverse ruling (Mass.), 35:188
– Public Health Dep't, retaliation, jury instruction on proof burden upheld (1st Cir.), 35:110

MATERNITY LEAVE

See FAMILY AND MEDICAL LEAVE

MEDIATION

– ADR

See ALTERNATIVE DISPUTE RESOLUTION (ADR)

MEDICAL EXAMINATIONS

– Drug and alcohol

See DRUG AND ALCOHOL TESTING

– Emotional distress

– – Attorney monitoring psychiatric exam of client from another room (Cal. Ct. App.), 35:642
– – USPS workers must undergo mental exams (E.D. Cal.), 34:429

– Fitness tests

– – Disability bias and FMLA

– – – Depressed dispatcher fired after failed exam, claims rejected (8th Cir.), 35:67
– – – “Prophylactic” measure for officer with “volatile” behavior (9th Cir.), 35:128

– – Sex bias, class action certification for female applicant's claim, mootness issue (D. Conn.), 34:101

– Hearing aid ban for court security officers undergoing mandatory pre-employment hearing test, business-necessity defense (U.S., rev den), 34:94

MEDICAL INFORMATION

– FMLA, 15-day certification period, receptionist fired after 2 week absence may sue despite initial negative certification (6th Cir.), 35:333
– Health risk assessments, restrictions on use, Web insights, 34:141
– Medical inquiries

– – DHS suspension and firing of FPS employee who refused mental health questions violates Rehabilitation Act (S.D. Cal.), 34:637
– – HIV-positive manager fired one day after condition disclosure may sue under ADAAA (N.D. Ill.), 34:548
– – “Illegal inquiry” claim about applicant's history rejected (1st Cir.), 34:742
– – Pre-offer, viability of claim (11th Cir.), 34:59; Web insights, 34:197

– Medical records custodians' duties, Rehabilitation Act's confidential requirements, EEOC opinion letter, 34:463
– Psychotherapist-patient privilege

– – Emotional distress, waiver for damages claim (10th Cir.), 34:183
– – Law firm denied, damages claimed for physical condition (N.D. Ill.), 35:510

– Retaliation, officer's mental health treatment made public, claim reinstated (3d Cir.), 34:620
– “Without leave” classification due to lack of medical evidence, SSA employee's firing upheld (Fed. Cir.), 34:418

MEDICAL LEAVE

– Family leave

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

– Sick leave

See SICK LEAVE

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Anxiety disorder, return to work ADA and FMLA claims of chef (M.D. Tenn.), 34:28
– Benefits parity, HHS interim rules, 34:148
– Bipolar disorder

– – Hospital manager fired after telework request denied may sue (S.D Ohio), 34:317
– – Technician fired for web surfing and Manson poster (M.D. Tenn.), 34:17

– Depression

– – Commissary worker's forced leave due to mental condition not retaliation (D. Conn.), 35:513
– – Dispatcher fired after failed fitness exam, FMLA and ADA claims rejected (8th Cir.), 35:67
– – DuPont has not duty to accommodate worker limited in thinking, no evidence of disability (5th Cir.), 35:423
– – Officer fired after treatment made public, claims reinstated (3d Cir.), 34:620
– – Painter's ADA and FMLA claims rejected, worker failed to reveal condition and request leave and accommodation (8th Cir.), 35:7
– – Temporary condition not disability, no exhaustion of “regarded as” claim (3d Cir.), 35:635

– Emotional distress

See EMOTIONAL DISTRESS

– Medical inquiries, DHS suspension and firing of FPS employee who refused health questions violates Rehabilitation Act (S.D. Cal.), 34:637
– Mood disorder, bank executive fired after suicide threat has “regarded as” claim (D.N.D.), 34:135
– Post-traumatic stress disorders

– – Hiring refusal of veteran officer (11th Cir.), 34:43
– – Store manager unable to perform essential functions not qualified (6th Cir.), 35:43

– Rosa's Law

See LEGISLATION, FEDERAL, HR 4544, S 2781

– Stress

– – Army employee may sue, lack of focus (E.D. Cal.), 35:86
– – Flying fear of salesperson (1st Cir.), 35:657

– Transfer, delay in reporting disability by hospital worker (D.C. Cir.), 34:61

MERIT SYSTEMS PROTECTION BOARD (MSPB)

– Federal sector, summary of prohibited personnel practices, 35:37

MICHIGAN

– Attorney-judgment rule, malpractice (Mich. Ct. App.), 34:219
– Detroit

– – Police Dep't, pregnancy bias and equal protection, officers settle over leave, light duty, and seniority (E.D. Mich.), 35:193
– – Pub. Sch., 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
– Human Servs. Dep't, racial and sex bias, class certification denial vacated for male minority state employees' promotion claims (Mich.), 34:186
– 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
– Racial bias, venue proper in county where action “implemented” (Mich.), 35:159
– Redford Union Sch. Dist., FMLA, firing of driver due to misuse of leave and refusal of last chance agreement (E.D. Mich.), 34:74
– St. Mary's Catholic Sch., retaliation, “ministerial exception” applicable to teacher's state firing claims (Mich. Ct. App.), 34:185
– Sexual harassment and retaliation, time limits for direct examination (Mich. Ct. App.), 35:538

MILITARY LEAVE

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

MINNESOTA

– Business bias, owner-member of subcontract firm lacked privity to sue for sex bias and harassment (Minn.), 34:540
– 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
– Corrections Dep't

– – Age bias, “age 55 cliff” early retirement program and health benefits, ADEA violation (D. Minn.), 34:551; payment ordered, 34:750
– – Sexual harassment, just cause for suspension of male officer (Arb.), 34:281

– Human Serv. Dep't, racial harassment, suspension for comment (Arb.), 35:509
– Independent Sch. Dist. No. 11, disability bias, employee's multiple sclerosis not limiting (8th Cir.), 35:218
– Marital status bias, cabinetry firm employee married to former worker, firing claim revived (Minn. Ct. App.), 34:541
– Ramsey County, retaliation, grants manager has no claim for evaluations and “functional demotion” (8th Cir.), 35:185
– Rochester, national origin and sex bias, firefighter applicants may sue (8th Cir.), 34:652

MINORITIES

– Affirmative action

See AFFIRMATIVE ACTION

– Racial bias

See RACIAL DISCRIMINATION

MISCONDUCT

– Age and national origin bias

– – Office Depot manager fired for misuse of “money” card may sue (D.N.M.), 34:665
– – Pharmaceutical sales representative's firing for falsification of sales calls, upheld (7th Cir.), 35:601

– Age and sex bias

– – Claims representative fired for breach of gift policy (5th Cir.), 34:479
– – Social worker threatened to kill supervisor (10th Cir.), 35:449

– Age bias

– – Astra Zeneca salesperson's firing for dishonesty, isolated “ambiguous” remarks insufficient (1st Cir.), 34:184
– – County worker's insubordination firing for failure to cooperate in investigation upheld (6th Cir.), 34:622
– – 11th Amend. bar on suit against state by nurse accused of patient abuse (5th Cir.), 34:10
– – Fighting with coworkers, factory worker's firing upheld (7th Cir.), 35:335
– – “No show” violation, firing of Target worker upheld, replacement by younger employee not shown (10th Cir.), 35:108
– – Nursing aides denied rehire for refusal to work extra shift (3d Cir.), 34:241; (U.S., rev den), 35:411
– – Physician fired for time record falsification and disciplinary issues (D.D.C.), 35:227
– – Vegetable oil manufacturer manager fired for harassment (5th Cir.), 34:299; affirmed, 34:419
– – Walgreen pharmacist fired for giving discounts and other company violations (7th Cir.), 35:212

– Age bias and FMLA, manager fired for abusive phone call to supervisor, no evidence of younger replacement or retaliation for leave (6th Cir.), 35:605
– Age, disability, sex bias, nonprofit administrator's firing for opening separate banking account (1st Cir.), 35:632
– Age, national origin, and racial bias, cheating on test, hospital workers' claims (5th Cir.), 34:353
– Age, national origin, and sex bias, petty cash investigation of warden, forced retirement as constructive discharge (5th Cir.), 35:532
– Age, racial, and sex bias, and retaliation, Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194
– Disability bias

– – Bipolar technician fired for web surfing and Manson poster (M.D. Tenn.), 34:17
– – Police chief fired after DUI not “qualified” individual (7th Cir.), 34:333

– Disability bias and retaliation

– – After-acquired evidence, VA can admit misconduct for remedy not liability (D. Me.), 35:291
– – Flying J worker with OCD, falsification of time sheets (D.N.M.), 35:479
– – Salesman fired for backdating compensation agreement may sue (D. Ariz.), 34:550

– Disability bias, FMLA, constitutional violations, and retaliation, claims of corrections officer who failed breathalyzer rejected (3d Cir.), 34:413
– FMLA

– – Call-in policy violation, firing (8th Cir.), 35:665
– – Driver's firing due to leave misuse, last chance agreement refusal (E.D. Mich.), 34:74

– Marital status and sex bias, mortgage executive fired for describing client with expletive (11th Cir.), 35:153
– National origin and racial bias, “no show” firing upheld of Vietnamese bar waitress (E.D. La.), 35:170
– National origin and religious bias, security firm employee's firing for loafing upheld, calling worker “Osama” not bias when it is his given name (3d Cir.), 35:364
– National origin bias, sleeping on the job, employer's comparator proof of firings as discipline (E.D. Pa.), 34:283
– Racial and sex bias, and retaliation

– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – Sleeping on the job, database administrator's allegations insufficient (10th Cir.), 35:75

– Racial bias

– – Aggressive driving by salesperson, no valid comparator for reverse bias claim (11th Cir.), 34:41
– – Beverage cooler stolen, comparator proof lacking, firing upheld (6th Cir.), 35:107
– – Corrections officer fired for abusing black inmate (M.D. Pa.), 34:726
– – Firefighter arrested, claims rejected (8th Cir.), 35:307
– – Nursing home worker's firing for stopping work before clocking out (6th Cir.), 34:392
– – Truck driver's claim denial, white workers also fired for fighting (8th Cir.), 34:480
– – UPS worker's firing for dishonesty, no similarly situated worker treated better (11th Cir.), 34:91

– Racial bias and retaliation

– – Child care counselor fired for harassment (3d Cir.), 35:608
– – Dog track worker exonerated for theft, constructive discharge and hostile environment claims fail (8th Cir.), 34:447
– – Housing authority manager fired for insubordination and dishonesty (11th Cir.), 35:106
– – Ohio state worker's firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– – Oil refinery mechanic apprentice fired after altercation (8th Cir.), 35:308
– – Overtime

– – – Pay dispute, aggressive demeanor in phone call (11th Cir.), 34:683
– – – Probation officer's violations (11th Cir.), 34:562

– – Time sheets of subordinate falsified, pretext in firing not shown (11th Cir.), 34:538
– – Truck driver fired for threats, no bad faith (10th Cir.), 34:717

– Religious bias, Seventh-day Adventist's firing due to disciplinary actions not accommodation request (6th Cir.), 34:335
– Retaliation

– – Bad attitude firing after black server complained that customer preference for white servers, worker may sue (D.S.D.), 35:618
– – Confidential document improperly taken from HR cannot be used to support claim, but allowed in deposition (N.J.), 35:638
– – Ford worker's homicidal feelings and zero tolerance policy for threats (S.D. Ohio), 35:482
– – Pharmaceutical representative fired for business practices not harassment claim (11th Cir.), 35:245
– – Trade secret misappropriation allegation while suit pending (D. Colo.), 35:670

– Sex bias

– – Brakeman fired after derailment cannot prove bias (6th Cir.), 34:656
– – Cement firm employee's firing due to failure to file incident report not bias (N.D. Iowa), 34:25
– – Dog training business on work computer, female engineer's firing upheld, no similarly situated worker treated more favorably (7th Cir.), 35:306
– – Firefighter fired for posting photos and rulebreaking (11th Cir.), 34:234
– – Food products employee's award for disparate treatment in firing (E.D. Tex.), 34:394
– – Law enforcement

– – – Insubordination, female officer's firing upheld (11 Cir.), 34:564
– – – Sergeant's suspension and firing after refusing to answer questions about relationship may be pretext (E.D. Mich.), 34:101

– – Morals clause firing for domestic disturbances arrest of TV reporter (5th Cir.), 35:76
– – Shift supervisor's firing for failure to enforce harassment policy (W.Va.), 35:613
– – Southwestern Bell technician's firing for training refusal (10th Cir.), 34:183

– Sexual harassment

– – Fire inspector reinstated (Cal. Ct. App.), 35:575
– – Pilots fired after probe could show similarly situated workers (9th Cir.), 35:236
– – Recreation department employee reinstated, bargaining pact's time bar on discipline (Cal. Ct. App.), 35:537
– – Wal-Mart, firing of harasser upheld (Arb.), 35:196

MISREPRESENTATION

– Age bias, untrue hiring explanation by firm, late filing allowed (D. Me.), 34:522

MISSISSIPPI

– Lowndes County, racial bias, principal's job at black school, rejected white applicant may sue (N.D. Miss.), 34:164
– Sexual harassment, scope of judicial review (Miss. Ct. App.), 35:578
– Sexual orientation and veterans, executive order on bias prohibition, 35:139
– University of Miss. Medical Center, age bias, 11th Amend. bar on suit against state by nurse accused of patient abuse (5th Cir.), 34:10

MISSOURI

– Arbitration

– – Continued employment alone not acceptance of pact (Mo. Ct. App.), 34:359
– – Legal consideration lacking in dealership's “promise” to be bound (Mo. Ct. App.), 35:314

– Kansas City, racial bias, judicial appointment denial, overturning verdict for white lawyer (Mo. Ct. App.), 34:216
– St. Louis, racial bias, black fire chief properly demoted for disobeying order to fill jobs (Mo. Ct. App.), 35:78
– Valley Park, sex bias, secretary may sue for firing due affair with mayor (Mo. Ct. App.), 34:658

MIXED-MOTIVE

– Age bias

– – Anchorage Sch. Dist. (Alaska), 35:538
– – Federal worker's promotion claim viable (D.C. Cir.), 35:656
– – Morgan Chase worker may use theory despite Gross ruling on “but-for” causation (S.D.N.Y.), 34:125
– – Protecting Older Workers Against Discrimination

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Disability bias, insufficient for finding of bias in firing, “but for” causation required (7th Cir.), 34:89
– Retaliation

– – Liability theory still available despite Gross ruling (5th Cir.), 34:384
– – Quadriplegic employee fired days after negative publicity may sue (N.D. Cal.), 35:198

MOOTNESS

– Sex bias, class action certification for female applicant's fitness test claim, issue not moot (D. Conn.), 34:101

MOTIONS

– Disability bias

– – Absent pro se plaintiff, continuance denial (5th Cir.), 34:240
– – Res judicata, state's dismissal for failure to join party and refile not bar to nurse's federal claim (2d Cir.), 34:150

– Racial bias and retaliation, Lockheed Martin engineer's verdict properly set aside under Rule 50 motion (1st Cit.), 35:50
– Racial bias, new trial order and mandamus, disparate impact claims of county workers (6th Cir.), 34:743
– Sex bias, excusable neglect in late filing of time extension request for dismissal motion response not shown (8th Cir.), 34:151
– Summary judgment

– – Burden of proof

See generally BURDEN OF PROOF

– – Deadline for response, firefighters penalized (11th Cir.), 34:507
– – New claims raised should be treated as motion to amend complaint (5th Cir.), 34:685

MSPB

See MERIT SYSTEMS PROTECTION BOARD (MSPB)

MULTIPLE SCLEROSIS

– Disability bias

– – Accountant's promotion denial claim (10th Cir.), 34:205
– – School employee's condition not limiting (8th Cir.), 35:218

MUNICIPALITIES

– Police and sheriffs

See LAW ENFORCEMENT EMPLOYEES