Employment Discrimination Report Index-Summary

OBESITY

– Discrimination

OBSCENITY AT WORK

OCCUPATIONAL SAFETY AND HEALTH

– National origin, training, DOL memo and multilingual workplace challenges, Special Report, 34:762
– Religious bias

– – Employment agency's nonreferral of Muslim workers with headwear due to safety ban (8th Cir.), 34:383
– – Hijabs, burqas, khimars, and beards, avoidance of claims, Analysis, 34:730

– Workplace violence

See generally VIOLENCE

OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

OHIO

– Age bias, jury instruction error on “replacement” method of proof (Ohio Ct. App.), 34:514
– Cincinnati Pub. Sch., equal protection, racial bias, and retaliation, teacher's possible lateral move due to surplussing not adverse, but equal protection claim based on staff racial balancing policy survives (S.D. Ohio), 34:608
– Cleveland, racial bias and retaliation, white officer's award reduced (N.D. Ohio), 34:340
– Commerce Dep't, racial bias and 1st Amend. retaliation, firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– Dayton Pub. Sch., disability bias, perfume sensitive clerk not regarded as disabled even though accommodation attempted (Ohio Ct. App.), 34:630
– Disability bias, medical resident with Asperger's, communications difficulties (6th Cir.), 35:661
– Hamilton County, Job & Family Servs. Dep't, disability bias, agency not immune from suit (6th Cir.), 35:72
– Middlefield, sexual harassment and retaliation, inadequate remuneration for volunteer firefighters to count as “employees” (N.D. Ohio), 34:77
– Racial bias, retaliation, and wrongful discharge, automotive parts worker's claims against supervisor fail (6th Cir.), 34:569
– Sex bias

– – Golf club professional's forced resignation, claim revived (Ohio Ct. App.), 34:722
– – Length-of-service requirement for maternity leave, firing upheld (Ohio), 35:15

– State Univ., racial bias, nursing director's demotion and firing upheld (6th Cir.), 35:102
– Summit County, age bias and retaliation, insubordination, firing for failure to cooperate with investigation upheld (6th Cir.), 34:622
– Westlake, discovery of underlying facts of affirmative defenses (Ohio Ct. App.), 35:577
– Workers' Compensation Bureau, disability bias, reassignment not required, coworker's rights under bargaining pact overrides (Ohio Ct. App.), 34:659

OKLAHOMA

– Krebs, age bias, ADEA law enforcement personnel exception and hiring refusal based on state pension and retirement law (10th Cir.), 34:60
– Logan County, disability bias and constructive discharge, counselor reassigned to lab, accommodation and forced quit claims (10th Cir.), 34:181
– New Cordell, sex bias, animal control officer's verdict for hiring refusal upheld (10th Cir.), 34:661
– Oklahoma City, age bias, school administrator does not need “pretext plus” evidence for demotion claim (10th Cir.), 35:278
– Tulsa County Juvenile Bur., age and racial bias, and retaliation, probation counselor's claims untimely and rejected on merits (10th Cir.), 35:634

OLDER WORKERS

– Age bias

See AGE DISCRIMINATION
– – ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– OWBPA

See OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)

– Pensions

See PENSIONS

– Retirement

See MANDATORY RETIREMENT; RETIREMENT

OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)

– Standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373

OPERATING ENGINEERS (IUOE)

– Local 399, sexual harassment, finger in overalls (Arb.), 34:162
– Local 1010-2, sexual harassment, text messages (Arb.), 35:509

OREGON

– Credit history, use for employment purposes, prohibition, 34:748
– Disability bias, no duty to accommodate medical marijuana user (Or.), 34:483
– Douglas County, religious bias, clerk denied excusal in registering same-sex couples (D. Or.), 35:405
– Mandatory meeting law, 1st Amend.

– – Business groups challenge (D, Or.), 34:69
– – House bill modification, 34:216; dies in Senate, 34:274

– Multnomah County

– – FMLA, front pay is judge-determined equitable relief (9th Cir.), 34:309
– – Retaliation, decision maker's investigation relieves lower level manager of §1983 liability for firing, denial of award upheld (U.S., rev den), 34:471

– Religious dress for teachers, ban ended, 34:453; model policy, 35:666
– Salem-Keizer Sch. Dist., sexual harassment and retaliation, no proof of adverse actions (Or. Ct. App.), 34:18

OVERTIME

– FLSA claim of highly compensated salesman rejected (D. Ariz.), 34:550
– Racial bias and retaliation

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

– Sexual harassment, dismissal of Verizon worker's claim, hostility due to overtime (S.D.N.Y.), 34:431

OWBPA

See OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)