Employment Discrimination Report Index-Summary

NATIONAL GUARD

– Disability bias and USERRA, post-traumatic stress disorder, hiring refusal of officer in service (11th Cir.), 34:43
– National origin and sex bias claims of dual-status technician barred by Feres doctrine (8th Cir.), 35:210

NATIONAL LABOR RELATIONS ACT (NLRA)

– National origin bias and retaliation, preemption, Russian immigrants' claims related to bargaining pact revived (2d Cir.), 34:713

NATIONAL ORIGIN DISCRIMINATION

– Affirmative action

See AFFIRMATIVE ACTION

– Affirmative defense, nonprofit housing organization entitled to affirmative defense (10th Cir.), 34:589
– Alienage bias, U.S. citizen-lemon pickers may pursue §1981 claims (D. Ariz.), 35:407
– ALJ complaint related to speaking Spanish with coworker (D.D.C.), 34:251
– Arbitration

– – Busboy's claims compelled despite adhesion contract (S.D. Cal.), 34:663
– – CitiFinancial employee's promotion claims compelled, no waiver (D. Colo.), 34:280
– – Jewelry store employee's claims not compelled, pact unenforceable (3d Cir.), 34:753

– Class actions

– – Bus company's hiring policy barring applicants with felony convictions, disparate impact on blacks and Hispanics claimed (N.D. Cal.), 35:167
– – Community college workers' suit related to professor's racially-charged emails, qualified immunity (9th Cir.), 34:619

– Damages

– – Aircraft services firm, harassment of black, Filipino, and Guatemalan workers (C.D. Cal.), 35:191
– – Bakery resolves Mexican workers' claims (N.D. Ill.), 34:426
– – Construction firm to resolve employees' claims (S.D. Tex.), 34:543
– – Court costs, Hispanic and Asian workers excused from payment despite employer verdict (E.D. Cal.), 34:455
– – Drywall contractor to pay Latino workers (D. Minn.), 34:661
– – Employment agencies

– – – Area Temps to pay for biased referral decisions (N.D. Ohio), 35:195
– – – Warehouse referrals, firm to resolve (W.D. Tenn.), 35:248

– – Food growers cooperative, harassment of Mexican female workers (M.D. Pa.), 35:164
– – Hotel management firm, bias against hiring non-Chinese food servers (C.D. Cal.), 34:243
– – Post-judgment interest, variable rate (Wash. Ct. App.), 34:156
– – Sahara buffet worker's harassment (D. Nev.), 35:667

– Demotions, profanity (W.Va.), 34:660
– Discovery, writ of mandamus issued, nonappealable order to produce documents covered by attorney-client and attorney-work product privilege (9th Cir.), 34:635
– EEOC settlements, digest, 34:73
– English in workplace

– – EEOC Comm'r Ishimaru considers scrutiny of policies, 35:548
– – Tenn. law, business necessity, 34:748

– Evidence

– – Attorney settlement correspondence exclusion and denial of full testimony transcripts not reversible error (6th Cir.), 34:625
– – Sleeping on the job, employer's comparator proof of firings as discipline (E.D. Pa.), 34:283
– – Statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694

– Feres doctrine bars claims of dual-status Nat'l Guard technician (8th Cir.), 35:210
– Hiring

– – Asian custodial supervisor was not bilingual rejected (8th Cir.), 35:451
– – 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
– – Firefighter applicant may sue (8th Cir.), 34:652
– – Human relations assistant not selected for restructured benefits analyst job (N.D. Ill.), 35:144
– – 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
– – Nursing homecare, online applicant (3d Cir.), 34:270

– Identification policy and email, noncitizen Army employee may sue over bias and disparate treatment (E.D. Cal.), 35:86
– Juries, peremptory strikes to remove Hispanic jurors, verdict reversal (9th Cir.), 34:425
– Layoffs

– – Carpenter's claims against hospital and union (10th Cir.), 35:531
– – City planner laid off during reorganization (5th Cir.), 35:422

– Los Angeles considers oversight panel for bias and harassment claims, 35:338
– Misconduct

– – Cheating on test, hospital workers' claims (5th Cir.), 34:353
– – Child care counselor fired for harassment (3d Cir.), 35:608
– – Construction worker called “stupid Mexican” by supervisor (N.D. Ill.), 34:696
– – Loafing, security firm employee's firing upheld, calling worker “Osama” not bias when it is his given name (3d Cir.), 35:364
– – Math teacher's claims for transfer, nonrenewal, and harassment (2d Cir.), 34:327
– – Native Am. attorney claim fails, supervisor did not know her origins (S.D. Tex.), 34:665
– – “No show” firing upheld of Vietnamese bar waitress (E.D. La.), 35:170
– – Nonprofit administrator's firing for opening separate banking account (1st Cir.), 35:632
– – Office Depot manager fired for misuse of “money” card may sue (D.N.M.), 34:665
– – Petty cash investigation of warden, forced retirement (5th Cir.), 35:532
– – Pharmaceutical sales representative's firing for falsification of sales calls, upheld (7th Cir.), 35:601

– Nonrenewal of contract, doctor's verdict overturned for insufficient evidence (1st Cir.), 35:339
– Performance, job

– – Family services director fired from social service agency may sue (W.D. Wash.), 35:478
– – FedEx computer analyst's firing (3d Cir.), 35:502
– – Mental health supervisor fired for failure to report abuse (2d Cir.), 35:42
– – Pilot skills test failure, insufficient disparate treatment evidence to support subsequent uncharged hostile environment claim (6th Cir.), 35:38
– – Special education teacher fired for poor evaluation (2d Cir.), 35:609
– – USPS mail carrier fired for losing key (10th Cir.), 34:411

– Preemption by NLRA and LMRA, Russian immigrants' claims related to pact revived, American workers allegedly treated better (2d Cir.), 34:713
– Promotions and demotions, NYC criminalists (2d Cir.), 35:664
– “Regional heritage” claim of British national rejected (S.D.N.Y.), 35:288
– Severe or pervasive conduct, insolent gazes and psychological warfare insufficient (10th Cir.), 35:533
– Statutes of limitations

– – Credit and criminal records of applicants, time limits narrows scope of class action to practices after 2007 (D. Md.), 34:571
– – Ledbetter Act

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

– – Nigerian professor's promotion claims untimely (4th Cir.), 34:267
– – Right-to-sue letter, timely filing despite failure to sue within 90 days of state notice (10th Cir.), 34:532

– Tenure, Taiwanese faculty member with accent (11th Cir.), 34:720
– Training, DOL memo and multilingual workplace challenges, Special Report, 34:762

NATIVE AMERICANS

– Attorney's firing, supervisor did not know worker's origins (S.D. Tex.), 34:665
– Hiring

– – FAA, qualifications lacking (7th Cir.), 35:663
– – Firefighter (8th Cir.), 34:652
– – Navajos preference at mine, EEOC injunction relief (9th Cir.), 35:45

– Promotion, university worker's mascot criticism (7th Cir.), 34:651

NEBRASKA

– Lincoln, disability bias and FMLA, claims depressed dispatcher fired after failed fitness exam rejected (8th Cir.), 35:67
– Omaha, retaliation, auditor's firing for release of police misconduct report upheld (8th Cir.), 35:470

NEGLIGENCE

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

See EMOTIONAL DISTRESS

– School did not secure emails (N.D. Ill.), 34:756
– Tenn., per se claim rejected (E.D. Tenn.), 35:246
– Training, supervision, and retention

– – Physical harm for state claim (D. Nev.), 35:247
– – Sheriff's official and individual immunity, deputy assaulted females (8th Cir.), 34:239
– – Starbucks teenage worker's claim for assault by adult supervisor (C.D. Cal.), 34:16
– – Waitress's verdict overturned, state law as exclusive remedy for harassment (Tex.), 34:747

NEVADA

– Negligence in training and supervision, physical harm (D. Nev.), 35:247
– Southern Nev. Women's Corr. Facility, sex bias, promotional policy biased against male guards (9th Cir.), 35:103

NEW JERSEY

– Age bias, RIFed salesman can sue (D.N.J.), 34:628
– Arbitration, CEO's knowing waiver, electronic acknowledgment (N.J. Super. Ct. App. Div.), 34:754
– Atlantic City, white firefighters' §1983 civil rights claims precluded by “entire controversy doctrine” (D.N.J.), 34:195
– Attorneys' fees, public-interest counsel may raise issue in settlement negotiations (N.J.), 34:185
– Civil Serv. Comm'n, racial bias, disparate impact of police sergeant promotion exam (D.N.J.), 34:136
– Disability and sex bias, and retaliation, claims of fired MetLife worker returning from leave for cancer (3d Cir.), 34:334
– Disability bias, adverse action may not be needed for failure to accommodate claim (N.J.), 35:337
– Essex County, religious bias, settlement, head scarf and uniform policy (D.N.J.), 35:579
– Green Brook, racial bias, slurs made to road worker (D.N.J.), 35:20
– Long Branch, disability bias and retaliation, claims of officer fired after mental heath treatment made public reinstated (3d Cir.), 34:620
– Mercer County Community Coll., age bias, nonrenewal of employment contract, hiring and promotion over 70 exclusion not applicable (N.J.), 34:687
– Monmouth County must disclose sexual harassment pact under public access law (N.J.), 34:156
– Newark, racial and sex bias, firefighters' promotion claims (3d Cir.), 34:481
– North Hudson, racial bias, reconsideration of injunction in disparate impact suit, black firefighter applicants fight residency rule (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– Port Auth. of N.Y. and N.J., racial bias

– – Asian Am. transit officers' award over promotions upheld (S.D.N.Y.), 34:128
– – Attorneys' fees, reduction of award for Hispanic officers (S.D.N.Y.), 34:312

– Privacy expectation in e-mail to lawyer on company laptop (N.J.), 34:420
– Retaliation

– – Boss's affair, man fired after revealing, coverage of post-discharge conduct (N.J.), 34:124; Web insights, 34:197
– – Self-help, confidential document taken from HR cannot be used to support claim, but allowed in deposition (N.J.), 35:638

– Seton Hall Univ., sex bias and pay equity, Ledbetter ruling rejected, reinstatement of female professors' wage claims, remand (N.J.), 35:610
– Sexual harassment, viability of female contractor's “refusal to do business” claim (N.J. Super. Ct. App.), 34:68
– State Troopers, retaliation, rejection of claim for harassment for opposition to racial profiling (3d Cir.), 34:561

NEW MEXICO

– Aging & Long Term Servs. Dep't, age and sex bias, social worker threatened to kill supervisor (10th Cir.), 35:449
– Albuquerque, retaliation and 1st Amend., adverse actions, speech pathologist's advocacy for students (10th Cir.), 34:237
– Dona Ana County, sexual harassment, employer may ask if claimants “dated” coworkers (D.N.M.), 34:282
– Fair representation duty, USW denied per se exclusion from punitive damages (N.M.), 35:48
– State Univ., retaliation, continuing violation doctrine (N.M. Ct. App.), 35:576
– Truth or Consequences, sexual harassment, district attorney entitled to immunity (10th Cir.), 34:153

NEW YORK

– Age bias

– – Atlanta-based magazine employee's suit dismissed, disparate impact must occur within state for coverage (N.Y.), 35:48
– – Morgan Chase worker's state claim under “mixed-motive” despite Gross ruling on “but-for” causation (S.D.N.Y.), 34:125
– – Security guard's retaliation claims against hospital employees, aiding and abetting theory (E.D.N.Y,), 35:586

– Arbitration, cost-splitting provision, enforceability standard and financial ability to pay (N.Y.), 34:423
– Children and Family Servs. Office, retaliation claims of workers who participated in investigation revived under “materially adverse” standard (2d Cir.), 34:149
– Disability bias and retaliation, overweight karate instructor's state claims properly dismissed, local claims remanded (2d Cir.), 34:591; jurisdiction declined (E.D.N.Y.), 35:538
– Elmont Union Free Sch. Dist., sex bias and retaliation, law firm disqualification due to associate's board membership (E.D.N.Y.), 35:142
– Gender identity bias, executive order banning bias in state agencies' employment, 34:17
– John Jay Coll., national origin bias, pattern or practice action settlement over noncitizen hiring documentation (OCAHO), 34:662
– Long Island R.R., sex bias, suspension, arbitral finding about breast grabbing inadmissible (E.D.N.Y.), 35:582
– Longwood Central Sch. Dist., age, racial, and sex bias, and retaliation, principal's unfavorable treatment claims related to bargaining pact (2d Cir.), 34:714
– Malverne Union Free Sch. Dist., disability bias and retaliation, teacher's retaliation claim for reassignment after brain surgery reinstated, firing claims fail (2d Cir.), 35:8
– 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
– Nassau County, age bias, 71-year-old lifeguard's firing over swim test (E.D.N.Y.), 35:457
– New York City

– – Disability bias, firing of boat captain with shy bladder for drug test refusal upheld (2d Cir.), 34:389
– – Firefighters, national origin and racial bias

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

– – Graphic Communication Arts H.S., age, disability, national origin bias, and retaliation, special education teacher fired for poor performance (2d Cir.), 35:609
– – Human Rights Law, recent liberal rulings, BNA Insights, 35:293
– – National origin bias, promotions and demotions of criminalists (2d Cir.), 35:664
– – New Sch., sexual harassment, no Faragher/Ellerth affirmative defense available under local law (N.Y.), 34:568
– – Racial bias and retaliation, rejection of drug director applicant based on poor interview and abrasive style, 6-7 month-gap after speech (2d Cir.), 34:588
– – Sexual harassment, hostile environment analysis under local law separate from state and federal claims (2d Cir.), 34:158
– – Transit Auth., religious bias, Muslim and Sikh workers' pattern-or-practice action on logo and headwear policies (E.D.N.Y.), 35:428
– – Transp. Dep't, sex bias, liability in “pattern or practice” action for hiring of male bridge painters (S.D.N.Y.), 34:631; settlement, 35:396

– Parks, Recreation, & Historic Preservation Dep't, sex bias, sexual harassment, and retaliation, workers but not union may sue (N.D.N.Y.), 34:222
– Parole Div., religious bias, hostile environment claim of Jewish worker (2d Cir.), 35:280
– Port Auth. of N.Y. and N.J., racial bias

– – Asian Am. transit officers' award over promotions upheld (S.D.N.Y.), 34:128
– – Attorneys' fees, reduction of award for Hispanic officers (S.D.N.Y.), 34:312

– Rockland

– – National origin and racial bias, mental health supervisor fired for failure to report abuse (2d Cir.), 35:42
– – Racial bias, sheriff's department worker's prior state action bars federal suit (2d Cir.), 35:392

– Selden, age bias, fire district resolves claims for denial of retirement credits to volunteers over 55 (E.D.N.Y.), 34:517
– Sexual orientation bias, nonresident fired for perceived homosexuality may sue (S.D.N.Y.), 34:126
– Suffolk County, pregnancy bias, attorneys' fees for park police officer due to “case-specific variables” (E.D.N.Y.), 34:21
– Syracuse, racial bias, white firefighter applicants may challenged continuing validity of 1980 consent decree (2d Cir.), 35:71
– Thruway Auth., retaliation, no free speech claim for manager demoted after internal misconduct report (2d Cir.), 34:354

NLRA

See NATIONAL LABOR RELATIONS ACT (NLRA)

NONPROFIT ORGANIZATIONS

– Retaliation, employee fired 5 days after publicity for ADA lawsuit may sue (N.D. Cal.), 35:198

NONRENEWAL OF EMPLOYMENT CONTRACTS

– Age bias

– – Hiring and promotion over 70 exclusion not applicable to nonrenewal (N.J.), 34:687
– – Replacement of teacher by younger intern driven by economics and performance (10th Cir.), 34:36

– National origin and racial bias, proof problems with math teacher's claims (2d Cir.), 34:327
– National origin and sex bias, doctor's verdict overturned for insufficient evidence (1st Cir.), 35:339
– Sex bias and retaliation, female surgeon's claims are viable (S.D. Fla.), 34:102
– Sex bias, female energy executive's claims not proven (D.C. Cir.), 34:475

NORTH CAROLINA

– Brunswick County, disability bias and retaliation, dean of students had no claim for lateral transfer and diabetes not disability (E.D.N.C.), 35:83

NOTICE AND NOTIFICATION

– Age and disability bias, building chief failed to give notice (Md. Ct. Spec. App.), 34:721
– Disability bias and retaliation, timely notice not given by municipal employee (D.C.), 34:539
– EPLI rescission, e-mail insufficient warning of need to investigate application (N.D. Cal.), 34:341
– FMLA

See generally FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Notice Pleading Restoration Act

See LEGISLATION, FEDERAL, S 1504

– Open Access to Courts Act

See LEGISLATION, FEDERAL, HR 4115

– Retaliation, firefighter did not attach charge to complaint, insufficient notice (11th Cir.), 34:234
– Sexual harassment and retaliation, DOJ suit against P.R. Dep't (D.P.R.), 35:647