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PARENTAL LEAVE

See FAMILY AND MEDICAL LEAVE

PART-TIME EMPLOYEES

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Gender pay gap, Joint Econ. Comm. report, 34:472

PATERNITY LEAVE

See FAMILY AND MEDICAL LEAVE

PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– Nursing mothers' breaks in private space

– – DOL fact sheet on FLSA amendment, 35:151
– – Workplace accommodations, Analysis, 35:351

– Wellness programs, compliance with tax and anti-bias laws, Congressional Research Serv. report, 35:303

PATTERN OR PRACTICE ACTIONS

– Age bias, OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– Disability bias, Cal. state workers' action for deaf and hearing-impaired (Cal. Super. Ct.), 34:680
– National origin bias, John Jay Coll., settlement over noncitizen documentation (OCAHO), 34:662
– Pregnancy bias and retaliation, conciliation efforts lacking by EEOC, dismissal of claims (S.D.N.Y.), 35:511
– Racial bias

– – NYC firefighter applicants' written test constitutes intentional bias (E.D.N.Y.), 34:163
– – Port Auth. of N.Y. and N.J. Asian Am. transit officers' award over promotions upheld (S.D.N.Y.), 34:128
– – Statistical expert to support claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694
– – TSA screener's promotion denial claim (11th Cir.), 35:503

– Religious bias, N.Y.C. Muslim and Sikh transit workers, action on logo and headwear policies (E.D.N.Y.), 35:428
– Sex bias

– – Hiring, N.Y.C. liable in bridge painters' action (S.D.N.Y.), 34:631; settlement, 35:396
– – §706 action, framework not authorized, burden-shifting to prove Cintas hiring bias (E.D. Mich.), 34:249; EEOC questionnaire not protected by attorney-client or work product privilege, 34:430; claims dismissal, EEOC failure to exhaust, 35:374

– Sexual harassment claim triable, no numerical threshold (N.D. Ill.), 34:457
– Systemic litigation

– – EEOC Comm'r Ishimaru discusses initiative at D.C. Bar session, 34:670
– – Employer guidance, BNA Insights, 35:620

PAY EQUITY

– Attorneys, wage gap for female staff, report, 35:100
– BLS says pay gap narrowed slightly in 2009, 35:37
– Colo. law signed, 34:724
– Enforcement

– – Ledbetter Act impact, ABA conference, 35:552
– – OFCCP Dir. Shiu discusses compensation bias, 34:373; rulemaking to replace 2006 guidance, 35:174

– Equal Pay Act

See EQUAL PAY ACT (EPA)

– “Equal Pay Day” proclamation, 34:472
– Federal contractor's self-audits of disparities, attorney-client privilege recommended, 35:88
– Harris Interactive survey, inequality, 35:209
– Joint Econ. Comm. reports

– – Part-time earnings penalty contributes to pay gap, 34:472
– – Role of women in workforce, gap persists, 35:268

– National origin and racial bias, Ledbetter Act applies to limit periods of professor's state claims (Tex. Ct. App.), 34:452
– Pharmaceutical firms

– – AstraZeneca, DOL complaint alleges federal contractor pays female sales representatives less, 34:601
– – Novartis sued by female sales employees, opening arguments (S.D.N.Y.), 34:552; punitive damages award, 34:595; preliminary settlement, 35:111; final approval, 35:580; written opinion issued, 35:641

– 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
– Spain, male/female gap, 2008 survey, 35:89
– Spoliation, bad faith not found, no default judgment, adverse inference charge appropriate (D.D.C.), 35:344
– Wal-Mart female employees may pursue nationwide claims (9th Cir.), 34:519; cert-worthy issues, BNA Insights, 34:641; (U.S., rev sought), 35:255; use of experts during certification hearings, Analysis, 35:256; lawyers discuss, 35:409; opposition to review (brief filed), 35:485; (U.S., rev grant), 35:597

PENALTIES

– Discovery

– – Age and sex bias, default judgment for SSA's failure (EEOC), 34:99
– – Disability bias, metadata, employer's delay in production not subject to Rule 37 sanctions (N.D. Ill.), 35:80
– – Racial bias

– – – DHS violations in Secret Serv. agents' suit over promotion policy (D.D.C.), 35:168
– – – Pro se plaintiff's “willful” rule violations, dismissal (8th Cir.), 34:566; (U.S., rev den), 35:411
– – – School's gross negligence in not securing emails (N.D. Ill.), 34:756
– – – Subpoena improper, sanction of plaintiff's lawyer (E.D. Pa.), 35:643

– – Retaliation, inadequate preparation of corporate representative deponent (D. Md.), 34:247

– Frivolous appeals, after-acquired evidence of client's felony not relevant to lawyer's mishandling of bias suit (Ga. Ct. App.), 34:337
– Interference with contract, safe harbor under Rule 11, but plaintiff's lawyer must pay under 28 U.S.C. §1927 (S.D. Ind.), 35:512; correction, 35:547
– Magistrates' authority to order sanctions (2d Cir.), 34:123
– Res judicata dismissal of grocery worker's claim (11th Cir.), 34:478

PENNSYLVANIA

– Allentown, age bias and 1st Amend., “but-for” causation standard not in conflict with McDonnell Douglas burden-shifting paradigm (3d Cir.), 34:7
– Burgettstown, religious bias and retaliation, exclusion of after-acquired evidence about decertification (3d Cir.), 34:238
– Carnegie Mellon Univ., race bias and retaliation, African Am. worker may proceed on retaliation claim (W.D. Pa.), 35:459
– Corrections Dep't, racial bias

– – Hiring, rejection of 32 claims for time-bar, res judicata and failure to exhaust remedies (M.D. Pa.), 35:420
– – Inmate abuse, officer fired (M.D. Pa.), 35:420

– Governor Mifflin, racial bias, sanction of plaintiff's lawyer for discovery “self-help” (E.D. Pa.), 35:643
– Lafayette Coll., sexual harassment, claims of female workers' in safety department resolved (E.D. Pa.), 34:597
– Luzerne County, disability bias, FMLA, constitutional violations, and retaliation, claims of corrections officer who failed breathalyzer rejected (3d Cir.), 34:413
– Norwegian Twp., age bias, lone officer may sue over disbanding of force (M.D. Pa.), 35:543
– Philadelphia

– – Age and racial bias, and retaliation, city attorney's claims time-barred (3d Cir.), 35:364
– – Disability bias, essential job functions, firearm use by officer, city disability rule conflict with Rehabilitation Act (E.D. Pa.), 34:253
– – EEOC Dist. Reg'l Attorney, Lawrence named, 34:618
– – Parking Auth., national origin bias, sleeping on the job, employer's comparator proof of firings as discipline (E.D. Pa.), 34:283
– – Racial bias and retaliation, dismissal of streets department laborer's claims against city, federal and state agencies, and union upheld (3d Cir.), 35:390

– Pittsburgh

– – Racial and sex bias, and retaliation, black female paramedic may sue for hiring denial (W.D. Pa.), 34:316
– – Univ. of, racial and sex bias, and retaliation, systems analyst's RIF claims fail (3d Cir.), 35:389

– Public Welfare Dep't, religious bias, Muslim probationary worker who wore veil may sue for performance firing (E.D. Pa.), 34:458
– Religious bias, prison head scarf ban (3d Cir.), 35:181
– Retaliation, insurance firm employee fired after FMLA leave may proceed with state claim (M.D. Pa.), 34:192
– Temple Univ., disability bias, hospital worker's 7-year delay not excusable (3d Cir.), 35:568
– York City, racial bias and retaliation, school administrator lacks qualifications for reassignment (M.D. Pa.), 34:77

PENSIONS

– Age bias

– – Baltimore County, older new hires' contribution rates (4th Cir.), 35:43
– – Cash balance plans

– – – AT&T conversion does not violate ADEA or ERISA (D.N.J.), 35:55
– – – Bankcorp, ERISA prohibition against benefit accrual rate reduction (8th Cir.), 34:43
– – – El Paso plan upheld (D. Colo.), 35:197
– – – Monsanto plan upheld (7th Cir.), 35:184
– – – “Normal retirement age” defined by plan sponsors (U.S., rev den), 34:257
– – – Solvay, employer's summary judgment on conversion upheld (10th Cir.), 35:336

– – Law enforcement personnel, ADEA exception and hiring refusal based on state pension law (10th Cir.), 34:60
– – University of P.R., eligibility and contributions claims (D.P.R.), 34:244
– – UPS workers' suit against plan sponsor under identity of interest incorrect, no leave to amend complaint (6th Cir.), 35:450

– Domestic Partnership Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– National origin and sex bias claims of dual-status technician barred by Feres doctrine (8th Cir.), 35:210
– Sex bias, pay equity, EPA retired worker's checks not fresh acts of bias (EEOC Appeal), 35:673

PERCEIVED AS DISABLED

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– State claims

See DISABLED EMPLOYEES

PERFORMANCE EVALUATIONS

– Age and sex bias, advance job description, timeliness of claims (D.C. Cir.), 34:208
– Age bias, jet parts manufacturer (D. Md.), 34:691
– Racial and sex bias, and retaliation, USAID worker's claims (D.C. Cir.), 34:718
– Retaliation, grants manager has no claim for negative reviews (8th Cir.), 35:185

PERFORMANCE, JOB

– Age and disability bias, A&P liquor store manager may sue (D. Conn.), 35:228
– Age and racial bias

– – Bus driver fired for accidents (8th Cir.), 34:684
– – Coach's reappointment denial (6th Cir.), 34:209

– Age and racial bias, and retaliation, K-Mart manager's reprimand and constructive discharge claims rejected (10th Cir.), 35:472
– Age bias

– – BMW salesman did not met quota (1st Cir.), 35:448
– – Box manufacturer, managers' firings (D. Ariz.), 35:19
– – CVS creative director may sue for firing, supervisor's remark sufficient (D.R.I.), 34:485
– – Google manager told “too old to matter” and not “cultural fit” may sue, rejection of stray remarks doctrine (Cal.), 35:158
– – Hospital nonprofit employee fired at 62, claim reinstated, executive's comments raise issue under “but for” standard (11th Cir.), 34:263
– – Human resources manager's ethics complaints (3d. Cir.), 35:659
– – Nonprofit health organization worker cannot show younger replacement (10th Cir.), 35:500
– – Nonrenewal of teacher contract (10th Cir.), 34:36
– – Recreation bureau worker's claim over firing, “but-for” causation standard not in conflict with McDonnell Douglas burden-shifting paradigm (3d Cir.), 34:7
– – UPS driver fired for accident at 56 and not rehired has no disparate treatment claim (10th Cir.), 35:6

– Age bias and retaliation, research scientist's claims (3d Cir.), 35:500
– Age, disability, and sex bias, store manager fired for rudeness (6th Cir.), 35:43
– Age, disability, national origin, and sex bias, and retaliation, USPS mail carrier loses key (10th Cir.), 34:411
– Age, disability, national origin bias, and retaliation, special education teacher fired for poor performance (2d Cir.), 35:609
– Attendance

See ATTENDANCE

– Disability and sex bias, firing of male nurse for chart deficiencies, sleep less than 3 hours not severe, female nurses not treated more favorably (6th Cir.), 34:65
– Disability bias

– – Disability rights group employee's firing after return from stroke upheld, accommodation claim also fails (2d Cir.), 35:418
– – Home nurse with temporary ischemic attacks, firing for patient neglect upheld (5th Cir.), 35:615
– – Medical intern with attention deficit disorder made medical errors (4th Cir.), 34:355
– – Team leader removal not due to diabetes (8th Cir.), 34:266

– Disability bias and retaliation, teacher's retaliation claim for reassignment after brain surgery reinstated, firing claims fail (2d Cir.), 35:8
– FMLA and retaliation

– – Home building firm employee's right to start leave not absolute, worker would have been fired anyway (11th Cir.), 34:446
– – RIF selection of Kmart associate on leave (6th Cir.), 34:212
– – Vice president's demotion after return from maternity leave (11th Cir.), 34:444

– FMLA, pregnancy bias, and retaliation, bookkeeper fired during childbirth leave (M.D. Fla.), 35:430
– National origin and racial bias

– – FedEx computer analyst's firing (3d Cir.), 35:502
– – Mental health supervisor fired for failure to report abuse (2d Cir.), 35:42

– National origin and religious bias, pilot skills test failure (6th Cir.), 35:38
– Pregnancy bias

– – Bank teller with morning sickness did not rebut allegations (8th Cir.), 34:503
– – Purchasing agent's claims, supervisor's remarks negative remarks (S.D. Ala.), 35:646

– Racial bias

– – Automotive parts worker's claims against supervisor fail (6th Cir.), 34:569
– – Freight handler's fired for tardiness and unavailability, claim reinstated (8th Cir.), 34:300
– – Hospital worker's failure to notice error (5th Cir.), 34:510
– – Human resource worker's firing after confidential documents stolen from her car upheld (W.D. Wash.), 35:320
– – Merck pharmaceutical representative failed to prove claims (5th Cir.), 35:13
– – Nursing director's demotion and firing upheld (6th Cir.), 35:102
– – Probation officer's firing for failure to follow consultant's recommendations (5th Cir.), 34:122
– – Prosecutors fired for decisionmaking and leadership

– – – Negative personal interactions, 17-year white veteran employee (5th Cir.), 35:332
– – – Organized crime division, assistant DA (5th Cir.), 35:135

– – Staff privileges denial (Ind. Ct. App.), 34:453
– – VA pharmacist who made mistakes could not identify similarly situated worker (6th Cir.), 35:186

– Racial bias and retaliation

– – Aircraft workers violated fueling procedures, firing upheld (5th Cir.), 35:281
– – TSA screener's firing due to absenteeism (11th Cir.), 35:503

– Religious bias

– – Poultry processing firm supervisor failed to show bias, worker had no prior experience (11th Cir.), 34:625
– – Probationary Muslim state worker who wore veil may sue for firing (E.D. Pa.), 34:458

– Retaliation

– – AOL worker fired for coworker friction (10th Cir.), 34:179
– – Art director's insubordination and deficiencies resulted in firing (1st Cir.), 34:264
– – Battery plant unable to perform job, firing not due to FMLA and workers' compensation claims (D. Kan.), 35:516
– – Counseling of employee named as witness in coworker's charge (D. Ariz.), 34:224
– – Grants manager has no claim for evaluations and “functional demotion” (8th Cir.), 35:185
– – Medical personnel

– – – Narcotics documentation, nurse's firing upheld (6th Cir.), 35:183
– – – Warning meetings necessitated by nurse's attitude (11th Cir.), 34:90

– – Sears kitchen consultant placed in improvement plan, no claim (11th Cir.), 35:244
– – Senior living firm manager may sue for firing, inconsistent reasons imply pretext (6th Cir.), 35:391
– – Wal-Mart employee's firing due to absenteeism (11th Cir.), 34:37

– Sex bias

– – Advertising sales representative's firing (E.D. Pa.), 34:318
– – Cal. state employee's firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
– – Golf club professional's forced resignation claim revived (Ohio Ct. App.), 34:722
– – Mother with infants, sales director's firing over conference attendance (S.D.N.Y.), 34:221

PERJURY

– Retaliation, false testimony requested by employer, lottery workers' award (Ky.), 34:542

PERSONNEL MANAGEMENT OFFICE (OPM)

– Ed. Note: This heading covers actions affecting OPM administration. For enforcement actions, regulatory changes, proposals, and interpretations, see specific subject headings.

PHYSICAL EXAMINATIONS

– Ability tests

See ABILITY TESTING

– Medical

See MEDICAL EXAMINATIONS

PILOTS (ALPA)

See AIR LINE PILOTS (ALPA)

PLANT CLOSINGS

– Layoffs

See LAYOFFS

PLEADING

– Age and racial bias, and retaliation, teacher given leave to amend complaint (D. Md.), 35:458
– Age bias

– – Probation counselor failed to allege bias on intake questionnaire (10th Cir.), 35:634
– – UPS workers' suit against pension plan sponsor under identity of interest incorrect, no leave to amend complaint (6th Cir.), 35:450

– Age, national origin, and racial bias, hospital workers involved in cheating dispute (5th Cir.), 34:353
– Disability bias

– – HIV-positive manager sufficiently plead limiting condition under ADAAA (N.D. Ill.), 34:548
– – Pre-offer medical inquiry, viability of claim (11th Cir.), 34:59; Web insights, 34:197
– – Res judicata, state dismissal for failure to join party and refile not bar to nurse's federal claim (2d Cir.), 34:150

– Iqbal “plausible” claim standard, impact

– – American Ass'n for Justice, release of legislative agenda, 34:87
– – American Bar Ass'n, panelists discuss, 34:460
– – Notice Pleading Restoration Act

See LEGISLATION, FEDERAL, S 1504

– – Open Access to Courts Act

See LEGISLATION, FEDERAL, HR 4115

– National origin and religious bias, and retaliation, failure of pilot skills test, insufficient disparate treatment evidence to support subsequent uncharged hostile environment claim (6th Cir.), 35:38
– Racial and sex bias, firefighter's promotion claim denial (3d Cir.), 34:481
– Racial bias and retaliation

– – Employer's affirmative defenses subject to Twombly-Iqbal's heightened plausibility standard (E.D. Va.), 35:253
– – Pro se litigant's claims reinstated (2d Cir.), 34:415

– Racial bias and RICO, Ruth's Chris workers can pursue RICO but not bias claim related to illegal alien hiring allegations (11th Cir.), 34:478
– Retaliation

– – Firefighter did not attach charge to complaint, insufficient notice (11th Cir.), 34:234
– – Interior Dep't worker not required to submit all claims from administrative proceeding (D.C. Cir.), 35:332
– – Miami public health worker's promotion claim (11th Cir.), 34:356
– – VA technologist's claims not “within four corners of his complaint,” reference made to separate case document (5th Cir.), 35:12

– Sex bias

– – Intake reference to hostile environment not on charge form, no exhaustion of remedies (3d Cir.), 34:154
– – Merrill Lynch's Advisor Transition Program, female advisor's claim devoid of detail (S.D.N.Y.), 34:484

– Sexual harassment, mistaken OFCCP filing not “constructive filing” with EEOC, equitable tolling applicable (W.D. La.), 35:24

POLICE

See LAW ENFORCEMENT EMPLOYEES

POLITICAL AFFILIATION DISCRIMINATION

– First Amend., recreation bureau worker's firing claim (3d Cir.), 34:7
– Or. mandatory meeting law

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

PPACA

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

PRE-EMPLOYMENT INQUIRIES

– Mass., “illegal inquiry” claim about applicant's disability history rejected (1st Cir.), 34:742
– Pre-offer medical inquiry, viability of claim (11th Cir.), 34:59; Web insights, 34:197

PREEMPTION

– Controlled Substances Act, no duty to accommodate medical marijuana user (Or.), 34:483
– Due process, DOD intelligence officer's Bivens claim against individuals for 5th Amend. violations preempted by pending Title VII action (D.D.C.), 34:601
– ERISA and Wells Fargo employee's state wrongful discharge claim (C.D. Cal), 34:191
– FAA and state laws barring mandatory arbitration (W.D. Ky.), 34:161
– LMRA, Verizon worker's claims over failure to pursue grievance for graffiti harassment (S.D.N.Y.), 34:431
– NLRA and LMRA, national origin bias and retaliation claims of Russian immigrants revived, American workers allegedly treated better (2d Cir.), 34:713
– Wrongful discharge public policy claim not preempted by retaliation claim, lottery workers' award (Ky.), 34:542

PREFERENCES

– Affirmative action

See AFFIRMATIVE ACTION

– Disparate treatment

See DISPARATE TREATMENT AND IMPACT

– Sexual favoritism or paramour preference, male worker's hostile environment rejected (S.D.N.Y.), 34:134

PREGNANCY DISCRIMINATION

– ADA failure-to-accommodate claim for complications viable but proof only of temporary condition (S.D. Ind.), 34:575
– Attorneys' fees

– – Hourly rate and amount of hours reduced (Cal. Ct. App.), 34:311
– – Park police officer award due to “case-specific variables” (E.D.N.Y.), 34:21

– Breach of contract, no jurisdiction over USPS worker's claim when settlement agreement incorporated into ALJ's order (Fed. Cl.), 35:324
– Charges increase, practitioners advice employers on consistent treatment, Analysis, 35:648
– Class actions, pharmaceutical firm sued by female sales employees, opening arguments (S.D.N.Y.), 34:552; punitive damages award, 34:595; preliminary settlement, 35:111; final approval, 35:580; written opinion issued, 35:641
– Conciliation efforts lacking by EEOC, dismissal of claims against Bloomberg (S.D.N.Y.), 35:511
– Damages, charter school firm's proposed payment for nonretention of pregnant workers (W.D. Mo.), 34:361
– Hiring, bank teller, rejection before others applied (W.D. Wis.), 35:483
– In vitro fertilization protections, UK, Web insights, 34:141
– Janitorial services contractor for IKEA sued by civil rights group (N.D. Cal.), 35:375
– Laches, RadioShack worker's claim barred, no successor liability (6th Cir.), 35:216
– Layoffs and RIFs

– – 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

– Leave

– – FMLA, front pay denial for food services director vacated and remanded (3d Cir.), 34:393
– – Hospital technician not offered leave option and fired after birth may sue (E.D. Ark.), 35:588
– – Temporal proximity, claim of executive fired 7 months after return from maternity leave rejected (S.D. Ohio), 34:547

– Length-of-service requirement for maternity leave not sex bias (Ohio), 35:15
– Light duty, Detroit officers settle over assignments, seniority, and leave (E.D. Mich.), 35:193
– Performance, job

– – Bank teller with morning sickness did not rebut allegations (8th Cir.), 34:503
– – Bookkeeper fired 2 weeks into childbirth leave may sue (M.D. Fla.), 35:430
– – Purchasing agent's claims, supervisor's remarks negative remarks (S.D. Ala.), 35:646

– Postnatal childcare duties not covered (3d Cir.), 35:635
– Security guards at Army posts, settlement (D. Kan.), 35:640
– Similarly situated workers

– – Lunch hour schedule for breastfeeding photographer, no worker treated better (10th Cir.), 34:93
– – Transfers, knowledge of condition lacking, no worker reinstated after firing for failure to return (7th Cir.), 34:119

– Training, human resource specialist's verdict vacated (D. Kan.), 35:640
– Transfer, welder involuntarily reassigned, claim revived (6th Cir.), 35:213

PREGNANCY LEAVE

See FAMILY AND MEDICAL LEAVE

PRETEXT

– Racial bias and retaliation, IRS worker's demotion, rejection of pretext jury instruction (U.S., rev den), 34:470
– Sex bias

– – Cement firm employee's firing due to failure to file incident report not bias (N.D. Iowa), 34:25
– – United Airlines ramp supervisor's counseling letters, pretext not shown (10th Cir.), 34:8; (U.S., rev den), 35:411

PRIVACY

– CIA employee's Privacy Act claim over personal data release (D.D.C.), 34:371
– E-mail to lawyer on company laptop protected despite employer's electronic communications policy (N.J.), 34:420
– Juror access for educational interviews by nonparty lawyers' group (10th Cir.), 34:176

PRIVILEGE

– Affirmative defenses, discovery of underlying facts and work product doctrine (Ohio Ct. App.), 35:577
– Disability bias, psychotherapist-patient privilege

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

– Federal contractors' self-audits of pay and hiring disparities, attorney-client privilege recommended, 35:88
– National origin and racial bias, writ of mandamus issued, nonappealable order to produce documents covered by attorney-client and attorney-work product privilege (9th Cir.), 34:635
– Purloined documents, Model Rule 1.1.5, BNA Insights, 35:520
– Racial bias

– – EEOC information shielded from McCormick & Schmick deposition by attorney work product (D. Md.), 35:81
– – General counsel's involvement in investigation, precautionary documents not shielded (N.D. Ill.), 35:113

– Sex bias, attorney-client or work product privilege, EEOC questionnaire not protected in Cintas sex bias suit (E.D. Mich.), 34:430

PRIVITY

– Business bias, owner-member of subcontract firm lacked privity to sue for sex bias and harassment (Minn.), 34:540
– Retaliation, no res judicata defense for superintendents not in privity with Corrs. Dep't in grievance procedure (4th Cir.), 35:602

PRO SE LITIGANTS

– Age and disability bias

– – “Belated evidence” of exhaustion improperly rejected (4th Cir.), 34:121
– – Coal handler did not identify similarly-situated workers and limitation on a broad class of jobs (10th Cir.), 34:593

– Disability bias and retaliation, claims of officer fired after mental heath treatment made public reinstated (3d Cir.), 34:620
– Disability bias, trial held despite absent plaintiff, continuance denial (5th Cir.), 34:240
– Racial bias and retaliation claims reinstated, pleading sufficient (2d Cir.), 34:415
– Racial bias, plaintiff's “willful” discovery rule violations, dismissal (8th Cir.), 34:566; (U.S., rev den), 35:411
– Sex and racial bias, equitable tolling possible due to status and counsel's conduct (6th Cir.), 34:14

PROBATIONARY EMPLOYEES

– Age, disability, national origin, and sex bias, and retaliation, USPS mail carrier loses key (10th Cir.), 34:411
– Racial and sex bias, African Am. male teacher's claims fail (11th Cir.), 35:446
– Racial bias, airline mechanic who failed qualification test has no claim (7th Cir.), 35:603
– Religious bias

– – IRS worker with visions of Jesus not “employee” (Fed. Cir.), 35:187
– – Muslim state worker who wore veil may sue for performance firing (E.D. Pa.), 34:458

– Retaliation, Navy worker's award increased (EEOC Appeal), 35:675
– Sex bias, firing of female firefighter trainee for posting photos and rulebreaking (11th Cir.), 34:234
– Sexual harassment, animal control worker may sue (N.D. Cal.), 34:602

PROFANITY AT WORK

– Marital status and sex bias, mortgage executive fired for describing client with expletive (11th Cir.), 35:153
– National origin bias, demotion (W.Va.), 34:660

PROFESSIONAL CONDUCT

– Attorney disqualification

– – Investigator of bias was member of defense law firm, showing of prejudice necessary participation bar (Me.), 34:573
– – School board membership of firm associate (E.D.N.Y.), 35:142

– Job performance

See PERFORMANCE, JOB

PROFESSORS

See generally EDUCATIONAL INSTITUTIONS

PROMOTIONS

– Age and sex bias

– – Default judgment as sanction for SSA's discovery failures in suit by attorney (EEOC), 34:99
– – DOD male worker's claims reinstated (6th Cir.), 35:566

– Age bias

– – Admission director applicant's verdict upheld, employer changed reason for rejection (8th Cir.), 35:5
– – Controller lacked leadership skills (3d Cir.), 34:357
– – Data collection employee claim fails, no vacant jobs (11th Cir.), 34:271
– – Jet parts manufacturer to pay for denial (D. Md.), 34:691
– – Navy worker's mixed-motive claim viable (D.C. Cir.), 35:656
– – Nonrenewal of employment contracts, over 70 exclusion not applicable (N.J.), 34:687
– – OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– – PricewaterhouseCoopers employee's claims untimely, Ledbetter law cannot revive (D.C. Cir.), 34:236
– – San Francisco officers' putative class claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343

– Age, disability, and racial bias, worker failed to include claim in EEOC charge, no exhaustion of remedies (11th Cir.), 34:654
– Age, racial, and sex bias, Patent and Trademark Office workers' “accretion-of-duties” claims fail (4th Cir.), 35:105
– Appellate jurisdiction over transferred claims (D.C. Cir.), 35:41
– Credit reports, EEOC considers potential bias, hearing, 35:443
– Disability and sex bias, female accountant with MS, proof lacking (10th Cir.), 34:205
– Disability bias

– – Human resources employee could only work at home (E.D. Wash.), 35:645
– – IRS programmer may sue for denial (D. Md.), 34:668
– – Reassignment not required, coworker's promotion right under bargaining pact overrides (Ohio Ct. App.), 34:659
– – Reinstatement of vision-impaired city laborer, DOT standards inapplicable (Iowa Ct. App.), 35:314
– – Social Sec. Admin. workers with targeted disabilities, class action certified (EEOC), 35:324

– EPA, jurisdiction lacking over pay claim due to similar pending Title VII denial claim (Fed. Cir.), 34:155
– National origin and racial bias

– – Haitian Boeing mechanic cannot preserve untimely claims with Ledbetter Act (3d Cir.), 35:388
– – Nigerian professor's claims untimely, state pay claims under Ledbetter (4th Cir.), 34:267

– National origin and sex bias, CitiFinancial employee's claims must be arbitrated, no waiver (D. Colo.), 34:280
– National origin bias, NYC criminalists (2d Cir.), 35:664
– Racial and sex bias

– – Class certification denial vacated for male minority state employees' claims (Mich.), 34:186
– – Direct evidence of bias in selection for state mental health department job (4th Cir.) , 34:64
– – Firefighters' claims denial due to pleading and proof (3d Cir.), 34:481
– – School employee did not show bias (11th Cir.), 34:742

– Racial and sex bias, and retaliation

– – Home builder to pay sales employees (N.D. Ga.), 35:51
– – Miami public health worker's claims rejected (11th Cir.), 34:356
– – USAID worker's claims on sex bias and retaliation valid, other claims rejected and barred by res judicata (D.C. Cir.), 34:718

– Racial bias

– – Arbitration, 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
– – Army

– – – Cook, no similarly situated employee proof (6th Cir.), 34:330
– – – GS-11 employee not qualified and someone in her class selected (11th Cir.), 34:214

– – Deere employee with lifting restriction did not prove bias (U.S., rev den), 34:471
– – DHS discovery violations in Secret Serv. agents' suit (D.D.C.), 35:168
– – DOL worker without superior qualifications (6th Cir.), 34:213
– – Electronic firm's employer policy does not favor Asians (11th Cir.), 34:745
– – Firefighters

– – – Atlanta chief denied qualified immunity (11th Cir.), 35:134
– – – Ill. white employees' nonselection upheld (7th Cir.), 34:351
– – – New Haven, Conn. African Am. worker's disparate impact claim over lieutenant promotional exam rejected (D. Conn.), 34:638

– – Gas mechanic lacked experience and did poorly in interview (D. Mass.), 34:487
– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's claims (E.D. Pa.), 34:428
– – Interracial marriage, white woman's claim fails, verdict reversed (10th Cir.), 34:204
– – Iowa's executive branch sued systemic bias against African Americans (Iowa Dist. Ct.), 35:425
– – Law enforcement

– – – Bridgeport, Conn., nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565
– – – Indianapolis, consent decree does not shield officials from officers' equal protection promotion claims, no qualified immunity (7th Cir.), 35:332
– – – N.J. sued for disparate impact of police sergeant exam (D.N.J.), 34:136
– – – Port Auth. of N.Y. and N.J. Asian Am. transit officers' award upheld (S.D.N.Y.), 34:128
– – – Wichita officers' claims rejected, piggybacking on untimely claim (10th Cir.), 35:132

– – Macy's worker failed to show bias (3d Cir.), 35:73
– – Maintenance worker was not better qualified (5th Cir.), 35:633
– – Oil refinery mechanic apprentice's claim rejected (8th Cir.), 35:308
– – Pfizer accountant's claim rejected, “monkey off my back” not direct evidence (6th Cir.), 34:416; (U.S., rev den), 35:519
– – Res-Care worker's disparate treatment claims untimely (7th Cir.), 35:132
– – Staff attorney program, timeliness (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376
– – Steel plant employees' less stringent evidentiary test for class certification (U.S., rev den), 34:272
– – Transportation engineer's verdict upheld, back pay remand (11th Cir.), 34:275
– – TSA screener's disparate impact and pattern-or-practice claims (11th Cir.), 35:503
– – Tyson superintendent's compensatory damages for denial reversed (11th Cir.), 35:285
– – US Airways workers' class action (E.D. Pa.), 34:132
– – Wyeth engineer's claims, rejection upheld (2d Cir.), 35:191

– Retaliation

– – Boston teacher's selection (Mass.), 34:453
– – Native American worker failed to show mascot criticism resulted in denial (7th Cir.), 34:651
– – Occupational therapist's claims, failure of hospital to create job (3d Cir.), 34:63
– – Social Sec. Admin. attorney failed to show “false information” changed outcome (7th Cir.), 34:682
– – USPS worker's light duty status determined by independent panel, nonpromotion upheld (7th Cir.), 35:334

– Sex and pregnancy bias, pharmaceutical firm sued by female sales employees, opening arguments (S.D.N.Y.), 34:552; punitive damages award, 34:595; preliminary settlement, 35:111; final approval, 35:580; written opinion issued, 35:641
– Sex bias

– – Brown Palace hotel worker's denial (D. Colo.), 35:667
– – Class actions

– – – Amtrak female employees' impact claims over one-year blocking rule revived (3d Cir.), 35:238
– – – Goldman Sachs, action filed on behalf of female professionals (S.D.N.Y.), 35:346
– – – Grocery chain's female employees' claims, certification (S.D.N.Y.), 34:365
– – – Merrill Lynch and Bank of Am. female financial advisors file (E.D.N.Y.), 34:458
– – – Outback Steakhouse, glass ceiling settlement for female workers (D. Colo.), 34:19
– – – Sterling Jewelers' arbitration agreement no bar to female employees' claims (S.D.N.Y.), 34:99; judge would now reverse ruling, citing recent Supreme Court decision, 35:196
– – – Wal-Mart female employees may pursue nationwide claims (9th Cir.), 34:519; cert-worthy issues, BNA Insights, 34:641; (U.S., rev sought), 35:255; use of experts during certification hearings, Analysis, 35:256; lawyers discuss, 35:409; opposition to review (brief filed), 35:485; (U.S., rev grant), 35:597

– – Correctional facility's policy biased against male guards (9th Cir.), 35:103
– – Harris Interactive survey, inequality, 35:209
– – Law enforcement

– – – Beaumont officer's damages and fees upheld, future damages rejected (5th Cir.), 35:317
– – – Panama City Beach, proof lacking on female corporal's claims (11th Cir.), 35:104

– – Lifeguard's claims revived (9th Cir.), 34:746

– Sexual orientation bias, air carrier employee's award (Me. Super. Ct.), 35:112

PROOF

– Burden

See BURDEN OF PROOF

PUBLIC EMPLOYEES

– Firefighters

See FIREFIGHTERS

– Police and sheriffs

See LAW ENFORCEMENT EMPLOYEES

– Reinstatement of alleged harasser, bargaining pact's time bar on discipline (Cal. Ct. App.), 35:537
– Teachers

See generally EDUCATIONAL INSTITUTIONS

– U.S

See FEDERAL EMPLOYEES

PUBLIC POLICY

– Burden of proof, McDonnell test for summary judgment rejected (Tenn.), 35:367
– Health care facility worker's claim (W.Va.), 35:16
– Medical center worker cannot sue supervisor (W.D. Va.), 35:190
– Officer fired after mental health treatment made public, claim reinstated (3d Cir.), 34:620
– Perjured testimony, lottery workers' award, wrongful discharge claim not preempted by retaliation claim (Ky.), 34:542

PUBLIC SAFETY

– Firefighters

See FIREFIGHTERS

– Police and sheriffs

See LAW ENFORCEMENT EMPLOYEES

PUBLIC SCHOOLS

See generally EDUCATIONAL INSTITUTIONS

PUERTO RICO

– Correctional Health Serv., disability bias, doctor under contract to agency has no ADA or Rehabilitation Act claims (1st Cir.), 35:607
– Education Dep't, sexual harassment, teacher sexually assaulted by supervisor, claim revived despite reporting delay (1st Cir.), 34:443
– Health Dep't, national origin and sex bias, doctor's verdict for nonrenewal of contract overturned for insufficient evidence (1st Cir.), 35:339
– Police Dep't sexual harassment and retaliation, DOJ suit (D.P.R.), 35:647
– University of, age bias, pension claims (D.P.R.), 34:244

PUNITIVE DAMAGES

– EPA and sex bias, Family Dollar Store female managers' certification not barred by damages request (W.D.N.C.), 34:131
– Fair representation duty, USW denied per se exclusion from punitive damages (N.M.), 35:48
– Racial bias, physician's erroneously forced to disclose income for punitive damages issue, harmless error (4th Cir.), 35:370
– Retaliation

– – Attorneys' fees inclusion in calculation (U.S., rev den), 35:519
– – Car salesman's constructive discharge claim fail, damages verdict reversed (7th Cir.), 35:315
– – UPS manager fired after race bias trial, award reinstated (6th Cir.), 35:194

– Sex bias, class claims for Wal-Mart female employees remanded (9th Cir.), 34:519; cert-worthy issues, BNA Insights, 34:641; (U.S., rev sought), 35:255; use of experts during certification hearings, Analysis, 35:256; lawyers discuss, 35:409; opposition to review (brief filed), 35:485; (U.S., rev grant), 35:597
– Sexual harassment

– – Card room appeals verdict for dealer (Cal. Ct. App.), 35:453
– – Condominium firm employee's award on battery claim (11th Cir.), 34:70; (U.S., rev den), 35:410
– – Consumers Energy order to pay (W.D. Mich.), 35:454

– Sexual harassment, retaliation, and constructive discharge, jury instruction error in FedEx case (9th Cir.), 35:17

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