Employment Discrimination Report Index-Summary

RACIAL DISCRIMINATION

– Adverse actions, Praxair employee repeatedly asked to stay cannot prove claims (2d Cir.), 35:634
– Affirmative action

– Affirmative defense

– – Employers' response

See Employers' response, this heading

– – Nonprofit housing organization entitled (10th Cir.), 34:589

– Arbitration

– – Busboy's claims compelled despite adhesion contract (S.D. Cal.), 34:663
– – Cost-splitting provision, enforceability standard and financial ability to pay (N.Y.), 34:423
– – 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
– – “Loser pays” provision, casino assistant “cage” manager's claims not compelled (3d Cir.), 34:363
– – Suspension for racist comment (Arb.), 35:509
– – Trucker's “contract of employment” exempt from FAA (M.D. Fla.), 34:52

– At-will employment, fired medical worker could not show state exception (11th Cir.), 35:421
– Attorneys' fees, reduction of award for Hispanic officers (S.D.N.Y.), 34:312
– Burden of proof

– – Alabama Aircraft firm failed to produce comparator proof (11th Cir.), 34:303
– – Cheating on test, hospital workers' claims (5th Cir.), 34:353
– – Correctional officers acquitted of sexual misconduct could not prove §1981 and §1983 claims (7th Cir.), 34:534
– – Database administrator's allegations insufficient (10th Cir.), 35:75
– – D.C. minority officers' claims rejected (D.C. Cir.), 34:594
– – Dog track worker's claims for constructive discharge and hostile environment fail (8th Cir.), 34:447
– – Lockheed Martin engineer's verdict properly set aside for insufficient evidence (1st Cit.), 35:50
– – Math teacher's claims for transfer, nonrenewal, and harassment (2d Cir.), 34:327
– – Mill employee's comparators not similarly situated, acts of accommodation done by prior employer (6th Cir.), 35:365
– – Native Am. attorney claim fails, supervisor did not know her origins (S.D. Tex.), 34:665
– – Procurement director's disparate treatment claims (4th Cir.), 35:569
– – Ricci impact

– – – Disparate impact theory, jurists' distaste for, ABA conference discussion, 34:374
– – – Employment attorneys say impact limited, Analysis, 35:590
– – – Intentional bias, disparate treatment claims, ABA conference discussion, 34:401

– “Cat's paw” liability for hospitals' parent firm and staffing agency rejected (11th Cir.), 34:508; (U.S., rev den), 35:411
– Class actions

– – Ariz. Hispanic community college workers' suit related to professor's racially-charged emails, qualified immunity (9th Cir.), 34:619
– – Bus company's hiring policy barring applicants with felony convictions, disparate impact on blacks and Hispanics claimed (N.D. Cal.), 35:167
– – Credit and criminal records of applicants, time limits narrows scope of action to practices after 2007 (D. Md.), 34:571
– – Iowa's executive branch sued systemic bias against African Americans in hiring and promotions (Iowa Dist. Ct.), 35:425
– – Johnson & Johnson employees denied certification (D.N.J.), 35:249
– – Merrill Lynch advisors denied certification (N.D. Ill.), 35:249
– – NYC firefighter applicants' written test constitutes intentional bias (E.D.N.Y.), 34:163
– – Promotions, certification denial vacated on male minority state employees' claims (Mich.), 34:186
– – Steel plant employees' less stringent evidentiary test for certification (U.S., rev den), 34:272
– – US Airways workers at Philadelphia airport sue (E.D. Pa.), 34:132

– Collective bargaining, principal's unfavorable treatment claims related to pact negotiations (2d Cir.), 34:714
– Corporate Equality Center analysis of OFCCP's 2008 settlement data, 34:147
– Customer preference, black server may sue restaurant for hostile environment and firing (D.S.D.), 35:618
– Damages

– – Aircraft services firm, harassment of black, Filipino, and Guatemalan workers (C.D. Cal.), 35:191
– – Big Lots, harassment of black workers (C.D. Cal.), 34:243
– – Coca-Cola bottler, hiring refusal of African Am. and Hispanics in sales support jobs (DOL OALJ), 35:426
– – Construction firm (S.D. Tex.), 34:543
– – Coroner's firing, ALJ's finding upheld but award “excessive” (7th Cir.), 35:162
– – Denture provider to pay for affiliated dentist's alleged misconduct (D. Mass.), 34:751
– – Doctor at Tex. university, verdict (N.D. Tex.), 34:691
– – 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, staffing firm (W.D. Tenn.), 35:248
– – – White worker's award (N.D. Ga.), 34:750

– – Engineer's promotion denial, back pay remand (11th Cir.), 34:275
– – Fiber Glass, award upheld on harassment but fees reduced (8th Cir.), 35:341
– – Home builder, sales employees for assignments and promotions (N.D. Ga.), 35:51
– – Janitorial contractor, hiring of black applicants (N.D. Ill.), 35:539
– – Law enforcement

– – – Cleveland white officer's award reduced (N.D. Ohio), 34:340
– – – Port Auth. of N.Y. and N.J. Asian Am. officers' award over promotions upheld (S.D.N.Y.), 34:128

– – Los Angeles, verdict for white fire department captains disciplined after dog food incident (Cal. Ct. App.), 34:276
– – Medical device firm, salesman's firing (N.D. Ill.), 34:160
– – Paramedic placed on probation, verdict upheld but reduced (N.D. Ill.), 35:539
– – Parks Dep't workers win (N.D. Ga.), 34:454
– – Plastics manufacturer to resolve claims (W.D. Tex.), 35:474
– – Radioactive waste company, settlement for harassment of black workers (W.D. Tenn.), 34:44
– – Road worker, slurs (D.N.J.), 35:20
– – Roofing contractor to pay class of African Am. workers (W.D.N.Y.), 35:221
– – Trucking firm, harassment of black employees (N.D. Ill.), 35:339
– – Tyson superintendent's compensatory damages for promotion denial reversed (11th Cir.), 35:285
– – Vanguard Group, settlement for hiring refusal (E.D. Pa.), 34:44
– – Whirlpool's failure to protect employee from coworker (M.D. Tenn.), 34:19

– Defamation, frozen food firm may sue protesters for claiming “racist firings” of workers for invalid taxpayer numbers (Cal. Ct. App.;), 35:612
– Demotion, black fire chief properly demoted for disobeying order to fill jobs (Mo. Ct. App.), 35:78
– Discipline, USPS worker's bias and harassment claims based on supervision and discipline proceed, retaliation claim rejected (D. Or.), 35:197
– Discovery

– – 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
– – Pro se litigant'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 for “self-help” (E.D. Pa.), 35:643
– – Third-party testing data for grocery chain's hiring, production compelled (3d Cir.), 35:323

– EEOC settlements, digest, 34:73; 34:130
– Employee status

– – Judicial appointment denial, overturning verdict for white lawyer (Mo. Ct. App.), 34:216
– – Prosecutor appointed by city council not “employee” (M.D. Ala.), 35:85

– Employers' response

– – Airline investigated mechanic's harassment complaint (7th Cir.), 35:603
– – Construction worker's claims fail, reasonable action taken for noose incident and subsequent harassment not reported (4th Cir.), 35:152
– – Whirlpool's reaction to graffiti and slurs at plant inadequate (M.D. Tenn.), 35:289

– Equal protection and due process claims of firefighter rejected (11th Cir.), 34:592
– Evidence

– – Army worker's claims related to timeliness, hearsay, and authentication (6th Cir.), 35:12
– – Attorney settlement correspondence exclusion and denial of full testimony transcripts not reversible error (6th Cir.), 34:625
– – Burden of proof

See Burden of proof, this heading

– – Discovery, writ of mandamus issued, nonappealable order to produce documents covered by attorney-client and attorney-work product privilege (9th Cir.), 34:635
– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's claims (E.D. Pa.), 34:428
– – Physician's erroneously forced to disclose income for punitive damages issue, harmless error (4th Cir.), 35:370

– Exhaustion of remedies

– – EPA workers' claims (10th Cir.), 34:303
– – Gainesville not named in EEOC charge (11th Cir.), 35:571
– – Intervention, dismissal of external applicants' claims in error, single-filing exception (D.C. Cir.), 34:679
– – Los Angeles firefighter's award overturned (Cal. Ct. App.), 34:243
– – Miami public health worker's promotion claim (11th Cir.), 34:356
– – VA cook's retaliation claim revived, Title VII rule not jurisdictional (6th Cir.), 35:44

– Fair representation duty, USW denied per se exclusion from punitive damages (N.M.), 35:48
– Hiring

– – Aircraft engine parts maker, class action for black machinists (DOL OALJ), 35:673
– – Asian custodial supervisor was not bilingual, claim rejected (8th Cir.), 35:451
– – Banks

– – – Entry-level jobs, black applicants (DOL OALJ), 34:226
– – – Teller, rejection before others applied (W.D. Wis.), 35:483

– – Customer service representative with misdemeanor criminal record, rejection of claim upheld (8th Cir.), 35:362
– – Drug director applicant's rejection based on poor interview and abrasive style (2d Cir.), 34:588
– – Firefighters

– – – Mount Vernon, no bias against lieutenant applicant when 2004 list expired during consideration of black advocacy group's challenge (S.D.N.Y.), 34:639
– – – NYC, written test constitutes intentional bias (E.D.N.Y.), 34:163
– – – Residency rule, reconsideration of injunction in disparate impact suit by black applicants (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– – – Syracuse, white applicants may challenged continuing validity of 1980 consent decree (2d Cir.), 35:71

– – Human relations assistant not selected for restructured benefits analyst job (N.D. Ill.), 35:144
– – Nurse's qualifications lacking, time bar on other claims (11th Cir.), 34:90
– – Online applicant of homecare job (3d Cir.), 34:270
– – Pa. Corrs. Dep't, rejection of 32 claims for time-bar, res judicata and failure to exhaust remedies (M.D. Pa.), 35:420
– – Paramedic may sue Pittsburgh (W.D. Pa.), 34:316
– – Schools

– – – Educational manager's claims (7th Cir.), 35:570
– – – Principal's job at black school, rejected white applicant may sue (N.D. Miss.), 34:164

– – Tyson Foods subsidiary resolves claims of white and black applicants, 35:474

– Identification policy and email, noncitizen Army employee may sue over bias and disparate treatment (E.D. Cal.), 35:86
– Interracial marriage, disparate treatment and harassment claims of white woman (10th Cir.), 34:204
– Jury instructions, IRS employee's demotion, rejection of pretext jury instruction (U.S., rev den), 34:470
– Layoffs and RIFs

– – Carpenter's claims against hospital and union (10th Cir.), 35:531
– – Systems analyst's claims fail (3d Cir.), 35:389

– Light-duty request and firing, employee who could not lift 70 pounds was unqualified (11th Cir.), 34:654
– Los Angeles considers oversight panel for bias and harassment claims, 35:338
– Mandamus and new trial order, disparate impact claims of county workers (6th Cir.), 34:743
– Medical staff privileges

– – Neurosurgeon had no property or contract rights (11th Cir.), 34:268; Web insights, 34:377
– – Performance and conduct (Ind. Ct. App.), 34:453

– “Ministerial exception” applies to §1981 claims of black pastor (11th Cir.), 34:449
– Misconduct

– – Beverage cooler stolen, comparator proof lacking, firing upheld (6th Cir.), 35:107
– – Child care counselor fired for harassment not animus (3d Cir.), 35:608
– – Corrections officer fired for abusing black inmate (M.D. Pa.), 34:726
– – Driving aggressively, no valid comparator for salesperson's reverse bias claim (11th Cir.), 34:41
– – Firefighter arrested, claims rejected (8th Cir.), 35:307
– – Firefighter lied during investigation (11th Cir.), 35:363
– – Housing Auth. manager fired for insubordination and dishonesty (11th Cir.), 35:106
– – “No show” firing upheld of Vietnamese bar waitress (E.D. La.), 35:170
– – Nursing home worker's firing for stopping work before clocking out (6th Cir.), 34:392
– – Ohio state worker's firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– – Overtime

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

– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194
– – Time sheets of subordinate falsified, pretext in firing not shown (11th Cir.), 34:538
– – Truck drivers

– – – Fighting, claim denial, white workers also fired (8th Cir.), 34:480
– – – Threats against coworkers, no bad faith (10th Cir.), 34:717

– – UPS worker's firing for dishonesty, no similarly situated worker treated better (11th Cir.), 34:91

– Motion to amend complaint, new claims at summary judgment (5th Cir.), 34:685
– Performance, job

– – Aircraft workers violated fueling procedures, firing upheld (5th Cir.), 35:281
– – Automotive parts worker's claims against supervisor fail (6th Cir.), 34:569
– – Bus driver fired for accidents (8th Cir.), 34:684
– – Coach's reappointment denial (6th Cir.), 34:209
– – Family services directory fired from social service agency may sue (W.D. Wash.), 35:478
– – FedEx computer analyst's firing (3d Cir.), 35:502
– – 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
– – K-Mart manager's reprimand and constructive discharge claims rejected (10th Cir.), 35:472
– – Mental health supervisor fired for failure to report abuse (2d Cir.), 35:42
– – 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 decisionmaking and leadership

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

– – VA pharmacist who made mistakes could not identify similarly situated worker (6th Cir.), 35:186

– Pleading

– – 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
– – Ruth's Chris worker cannot pursue claim related to illegal alien hiring allegations (11th Cir.), 34:478
– – Teacher given leave to amend complaint (D. Md.), 35:458

– Promotions

– – Army

– – – Cook lacks similarly situated employee proof (6th Cir.), 34:330
– – – GS-11 employee not qualified and someone in her class selected (11th Cir.), 34:214

– – Bridgeport, Conn., nonblack officers with protectable interests in “race-norming” of tests may intervene (2d Cir.), 34:565
– – Consent decree does not shield officials from officers' equal protection promotion claims, no qualified immunity (7th Cir.), 35:332
– – 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

– – – Newark, claims denial (3d Cir.), 34:481
– – – Qualified immunity denial for chief (11th Cir.), 35:134

– – Macy's worker failed to show bias (3d Cir.), 35:73
– – Maintenance worker was not better qualified (5th Cir.), 35:633
– – Md. mental health department, direct evidence of bias in selection for state job (4th Cir.) , 34:64
– – N.J. civil service sued for disparate impact of police sergeant exam (D.N.J.), 34:136
– – Oil refinery mechanic apprentice's claim for denial and firing rejected (8th Cir.), 35:308
– – Patent and Trademark Office worker's “accretion-of-duties” claim fails (4th Cir.), 35:105
– – Pfizer accountant's claim rejected, “monkey off my back” not direct evidence (6th Cir.), 34:416; (U.S., rev den), 35:519
– – School employee did not show bias (11th Cir.), 34:742
– – TSA screener's disparate impact and pattern-or-practice claims (11th Cir.), 35:503
– – USAID worker's claims rejected (D.C. Cir.), 34:718
– – Wyeth engineer's retaliation claim revived for instruction error, rejection of other claims upheld (2d Cir.), 35:191

– Res judicata

– – Atlantic City white firefighters' §1983 claims against city precluded by state action (D.N.J.), 34:195
– – Rockland County sheriff's department worker's prior state action bars federal suit (2d Cir.), 35:392

– Return-to-work, railroad dispatcher failed to produce release (8th Cir.), 34:680
– Settlement pact consisting of emails enforceable even though employee had not signed (N.D. Ill.), 35:398
– Severe or pervasive conduct

– – Car dealerships

– – – Confederate flag, slurs, graffiti, employees' harassment claims revived (8th Cir.), 35:270
– – – Salesman claims supervisor used “nigger” (S.D. Ind.), 35:514

– – Chicago freight hauler, EEOC suit for alleged harassment of black dockworkers (N.D. Ill.), 34:52
– – Hospital transportation aide's claims (8th Cir.), 35:501
– – Philadelphia streets department laborer's claims time-barred and insufficient, upheld (3d Cir.), 35:390
– – Student incidents too isolated for math teacher's claim (2d Cir.), 34:327
– – Stuffed gorilla in locker room, black gas mechanic may sue (D. Mass.), 34:487
– – Whirlpool

– – – Insolent gazes and psychological warfare insufficient (10th Cir.), 35:533
– – – Serial harassment by coworker, claims revived (6th Cir.), 34:180

– Staff privileges, doctor failed to establish pretext in nonrenewal (3d Cir.), 35:601
– Statutes of limitations

– – Continuing violation does not automatically attach to hostile work environment claims (5th Cir.), 34:563
– – Exhaustion of remedies

See Exhaustion of remedies, this heading

– – FAA worker's pay grade claim (6th Cir.), 34:94
– – Hiring, charges filed by black Chicago firefighter applicants after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615
– – Ledbetter Act

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

– – Nigerian professor's promotion claims untimely (4th Cir.), 34:267
– – Pro se litigant status and “egregious conduct” by counsel, tolling possible (6th Cir.), 34:14
– – Probation counselor's claims untimely (10th Cir.), 35:634
– – Res-Care worker's disparate treatment claims over promotion and tuition untimely (7th Cir.), 35:132
– – Summary judgment response, firefighters penalized by deadline change (11th Cir.), 34:507
– – Wichita officers' promotion and discipline claims, piggybacking on untimely claim rejected (10th Cir.), 35:132

– Testing

– – Airline mechanic who failed qualification test in probationary period has no claim (7th Cir.), 35:603
– – Bridgeport, Conn., nonblack officers with protectable interests in “race-norming” of promotion tests may intervene (2d Cir.), 34:565
– – Discovery, third-party testing data for grocery chain's hiring, production compelled (3d Cir.), 35:323
– – Intentional bias, NYC firefighters' written test constitutes bias (E.D.N.Y.), 34:163
– – Statutes of limitations, charges filed by black Chicago firefighter applicants after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615

– Time cards, manner of recordkeeping, USPS worker's claims (W.D. Wash.), 35:669
– Training, standing of Library of Congress police group (D.D.C.), 34:367
– Transfers

– – Hospital food supervisor's claim revived (6th Cir.), 34:509
– – School administrator's qualifications lacking (M.D. Pa.), 34:77
– – Secret Serv. agent's reassignment due to mismanagement not bias (D.D.C.), 34:666
– – Teacher's possible lateral move due to surplussing not adverse (S.D. Ohio), 34:608
– – UPS worker's reassignment not adverse (5th Cir.), 34:305

– Venue proper in county where action “implemented” (Mich.), 35:159
– Va., bias prohibition against state workers, 34:217; new directive issued, 34:338
– Wages

– – Controller paid salary requested at interview (S.D. Ala.), 35:515
– – FAA worker's pay grade claim (6th Cir.), 34:94

– Work assignments

– – Patient's racial preference, employer's endorsement as harassment (7th Cir.), 35:130
– – Receptionist job denial and subsequent firing of legal secretary upheld (D.C. Cir.), 35:39
– – Sears kitchen consultant failed to prove bias (11th Cir.), 35:244
– – Staff attorney program (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Illegal alien hiring allegation, Ruth's Chris workers can pursue claims (11th Cir.), 34:478

RAPE

See VIOLENCE

REASONABLE ACCOMMODATION

– Disabilities

– – ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– – Rehabilitation Act

See REHABILITATION ACT

– – State law claims

See DISABLED EMPLOYEES

– Pregnancy bias charges increase, practitioners advice employers on consistent treatment, Analysis, 35:648
– Religion

– – Bible verse wall hanging, firing of Christian couple (11th Cir.), 35:658
– – Dress code and grooming

– – – 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
– – – N.J. corrections officer, head scarf and uniform policy (D.N.J.), 35:579
– – – N.Y.C. Muslim and Sikh transit workers, pattern-or-practice action on logo and headwear policies (E.D.N.Y.), 35:428
– – – Prison head scarf ban (3d Cir.), 35:181
– – – Rastafarian security guard applicant with dreadlocks, hiring claim rejected, no statement that hairstyle related to religion (7th Cir.), 35:274

– – Nurse talked about end of world, undue hardship to accommodate (W.D. Ky.), 35:251
– – Prayer session for coworker and conflict with university's anti-harassment policy (N.D. Tex.), 35:171
– – Union dues, auto worker objector required to pay charity amount equal to dues (U.S., rev den), 34:419
– – Work assignments and hours

– – – Airline settlement for “no shift swap” policy (D. Minn.), 34:45
– – – County clerk denied excusal in registering same-sex couples (D. Or.), 35:405
– – – Sabbath observance, early departure on Friday (S.D.N.Y.), 34:284
– – – Security firm employee's firing for loafing upheld despite Friday accommodation request (3d Cir.), 35:364
– – – Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760

REASSIGNMENTS

See TRANSFER OF EMPLOYEES

RECORDKEEPING

– Affirmative action

– – Compliance review, OFCCP denied access to hiring data after scheduling letter (DOL OALJ), 35:203
– – Engineering and construction services provider's settlement with OFCCP (DOL OALJ), 35:542
– – Hiring processes of federal contractors, recommended, 35:445

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

RECRUITING

– Affirmative action

See AFFIRMATIVE ACTION

– Federal jobs for disabled individuals, study, 34:409
– Hiring

See HIRING

REDUCTIONS IN FORCE (RIFs)

– Age bias

– – American Eagle pilot instructors over 60 may sue, younger workers hired (N.D. Tex.), 34:728
– – Bindery worker failed to show younger replacement (6th Cir.), 34:177
– – FDIC employees did not show disproportionate impact (D.C. Cir.), 35:241
– – Maintenance supervisor fired after buyout may sue (D. Me.), 34:578
– – Nonparties' claims alleging bias, Sprint rulings

– – – “Me, too” claims, impact on evaluation, Analysis, 34:79
– – – “Other employee” testimony exclusion upheld (10th Cir.), 35:567

– – Police officer may sue over disbanding of force (M.D. Pa.), 35:543
– – Reasonable factor other than age defense ruling on remand, reinstatement of judgment improper under “mandate rule” (2d Cir.), 34:8; (U.S., rev den), 35:451
– – Sales personnel

– – – Automotive salesman offered independent contractor status and urged to retire may sue (D.N.J.), 34:628
– – – Heavy machinery salesman may sue, 59-year-old worker questioned about retirement plans (N.D. Ind.), 35:588
– – – Heightened proof standard sinks employee's claim, worker left before RIF (6th Cir.), 34:657

– FMLA retaliation and pregnancy bias, design coordinator let go during housing bust (D.N.M.), 34:287
– FMLA retaliation, selection of Kmart associate on leave (6th Cir.), 34:212
– Racial and sex bias, and retaliation, systems analyst's claims fail (3d Cir.), 35:389

REFERENCES AND INFORMATION CHECKING

– Probationary teacher's claims fail (11th Cir.), 35:446
– Settlement breach, negative information provided to prospective employer (Fed. Cl.), 34:604

REGARDED AS DISABLED

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Rehabilitation Act

See REHABILITATION ACT

– State claims

See DISABLED EMPLOYEES

REGULATIONS, FEDERAL

– ADA Amendments Act, comments on EEOC proposed rule, 34:399; regulatory agenda, 34:501; D.C. Bar session, Comm'r Lipnic discusses, 34:670; business and civil rights groups criticize slow pace on final rule, 35:348; reasonable accommodation guidance, 35:548
– ADEA, EEOC proposed rule on “reasonable factors other than age” defense, 34:203; employer impact, Web insights, 34:377; delayed, regulatory agenda, 34:501
– Affirmative action, OFCCP requests rulemaking comments for contractor obligations for hiring disabled persons, 35:126; official says no deadline set, 35:348
– Federal sector

– – Complaint processing, EEOC final rule expected, regulatory agenda, 34:501
– – Leave, OPM update of family member definition broadens rights, 34:710

– Genetic bias

– – EEOC final rule on GINA expected, 34:501; issued, 35:553
– – Health risk assessments, GINA interim rule restrictions, Web insights, 34:141

– Mandatory arbitration, DOD interim rule bars requirement for resolution of Title VII and other claims against contractors, 34:618; final rule, 35:655
– Mental health parity, HHS interim benefit rules, 34:148
– Pay practices of federal contractors, OFCCP rulemaking expected, 35:174
– Taxation, IRS proposed rule on gross income exclusion of damages, hearing, 34:174

REHABILITATION ACT

– Ed. Note: This heading includes Rehabilitation Act claims. For cases involving state law claims and general stories on disabled individuals, see DISABLED EMPLOYEES.
– Affirmative action, OFCCP requests rulemaking comments for contractor obligations, 35:126; official says no deadline set, 35:348
– Business-necessity defense, hearing aid ban for court security officers undergoing mandatory hearing tests (U.S., rev den), 34:94
– Employee status, doctor under contract to P.R. corrections agency has no claim (1st Cir.), 35:607
– Essential job functions

– – Court reporter with incontinence. firing upheld, in-court duty essential (7th Cir.), 34:441
– – Firearm use by police officer, city disability rule conflict with Act (E.D. Pa.), 34:253
– – Flexible work schedule and telecommuting, Navy technologist with arthritis still could not perform (3d Cir.), 34:152
– – Hearing standards for impaired court security officers, remand (3d Cir.), 34:386
– – Medical resident with Asperger's, communications difficulties (6th Cir.), 35:661

– Evidence, after-acquired, VA can admit misconduct for remedy not liability (D. Me.), 35:291
– Exhaustion of remedies

– – Equitable tolling of 14-year-old claims related to 1936 murder not justified (3d Cir.), 34:449
– – Hearing-impaired mail carrier fired for key mishap (10th Cir.), 34:411
– – USPS worker sued before final ruling of EEO office (5th Cir.), 35:447

– Hours of work, USPS worker's fibromylangia and insomnia, no accommodation (W.D. Wash.), 35:669
– Independent contractors, physician fired after condition disclosed may sue (U.S., rev den), 34:746
– Intra-military immunity, Air Reserve technician's claims barred (6th Cir.), 35:129
– Jury instructions on §501 proof requirements, VA nurse's claims (4th Cir.), 34:506
– Medical inquiry, DHS suspension and firing of FPS employee who refused mental health questions improper (S.D. Cal.), 34:637
– Medical records custodians' duties, confidentiality, EEOC opinion letter, 34:463
– Parking space request for HUD ALJ (D.D.C.), 34:251
– Promotions

– – IRS blind programmer may sue for denial (D. Md.), 34:668
– – Social Sec. Admin. workers with targeted disabilities, class action certified (EEOC), 35:324

– Qualified individual, USPS letter carrier with facet syndrome (3d Cir.), 34:38
– Regarded as claim of transgendered court security officer rejected for identity disorder exemption (D. Colo.), 35:116
– Res judicata, USPS worker's claim barred (11th Cir.), 35:282
– Retaliation

– – School district's adverse actions after speech pathologist's advocacy for students (10th Cir.), 34:237
– – Secret Serv. analyst's claims about ostracism and workload revived (D.C. Cir.), 35:154

– Rosa's Law

See LEGISLATION, FEDERAL, HR 4544, S 2781

– Settlement enforcement, magistrate's authority (6th Cir.), 34:391
– Statutes of limitations

– – Exhaustion of remedies

See Exhaustion of remedies, this heading

– – Wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39

– Stress-induced lack of concentration, noncitizen Army employee may sue (E.D. Cal.), 35:86
– Transfers

– – Delay in reporting disability by hospital worker making request (D.C. Cir.), 34:61
– – Diabetic worker's reassignment upheld, he was not otherwise qualified as plant operator (10th Cir.), 34:715
– – DOD denial of security specialist's request improper (EEOC), 34:462

– Trial held despite absent pro se plaintiff, no abuse of discretion (5th Cir.), 34:240
– TSA not exempt, instructor prevented from working (EEOC Appeal), 35:674

REINSTATEMENT

– Age bias

– – Allstate sales force rehiring policy settlement of disparate impact claims (E.D. Mo.), 34:20
– – Enforcement action on attorney's claim derailed by DOJ compliance (9th Cir.), 34:650
– – Equal protection. pilot's challenge to nonretroactivity of 2007 law that raised age limit, but restricted reinstatement of retirees (D.D.C.), 34:696
– – Troublesome employee rehiring denial not bias (6th Cir.), 34:533
– – UPS driver fired for accident at 56 and not rehired has no disparate treatment claim (10th Cir.), 35:6

– Disability bias

– – Driver's per se bias suit over “100 percent healed” return-to-work policy (N.D. Ind.), 34:288
– – Vision-impaired city laborer, DOT standards inapplicable (Iowa Ct. App.), 35:314

– Disability bias and FMLA, chef's return to work claims (M.D. Tenn.), 34:28
– Disability, racial, and sex bias, railroad dispatcher failed to produce release (8th Cir.), 34:680
– National origin and racial bias, carpenter's claims against hospital and union (10th Cir.), 35:531
– Pregnancy bias

– – Failure to return firing, no similar worker rehired (7th Cir.), 34:119
– – Hospital technician not offered leave option and fired after birth may sue (E.D. Ark.), 35:588
– – Janitorial services contractor for IKEA sued by civil rights group (N.D. Cal.), 35:375

– Progressive discipline and sexual harassers

– – Fire inspector (Cal. Ct. App.), 35:575
– – Recreation department employee, bargaining pact's time bar on discipline (Cal. Ct. App.), 35:537

– Racial bias, Deere employee with lifting restriction did not prove bias (U.S., rev den), 34:471
– Sex bias and retaliation, arbitrators abused authority with order to reinstate in-house attorney as remedy (Wis.), 35:140

RELEASES

See WAIVERS

RELIGIOUS DISCRIMINATION

– Abortion, health care personnel, no private right of action under Church Amend. (2d Cir.), 35:636
– Affirmative defense, nonprofit housing organization entitled to affirmative defense (10th Cir.), 34:589
– Burden of proof

– – Bible verse wall hanging, firing of Christian couple (11th Cir.), 35:658
– – Border patrol officer's claim may proceed, swastika on locker and anti-Semitic remarks (N.D.N.Y.), 35:319
– – Flight attendant's acceptance of new job while on leave undercuts constructive discharge claim (N.D. Ill.), 34:252
– – Parole Div., Jewish state worker's hostile environment claim proceeds (2d Cir.), 35:280
– – Seventh-day Adventist's firing due to disciplinary actions not accommodation request (6th Cir.), 34:335
– – “Traditional Christian” newspaper writers' claims for constructive discharge and reassignment lacking (7th Cir.), 34:12; need for job descriptions, Web insights, 34:167

– Damages

– – Airline settlement for “no shift swap” policy (D. Minn.), 34:45
– – Construction firm to resolve Islamic employees' claims (S.D. Tex.), 34:543
– – Doctor at university, verdict (N.D. Tex.), 34:691
– – Staffing firm, alleged harassment of Jewish workers (D. Md.), 34:361

– Disparate treatment claimed by fired employees who held prayer session (N.D. Tex.), 35:171
– Dress code and grooming

– – 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
– – Hotel management firm can be sued, Muslim female applicants who refused to remove head scarves not interviewed (W.D. Ky.), 34:488
– – N.J. corrections officer, head scarf and uniform policy (D.N.J.), 35:579
– – N.Y.C. Muslim and Sikh transit workers, pattern-or-practice action on logo and headwear policies (E.D.N.Y.), 35:428
– – Or. ban on teachers' religious garb ended, 34:453; model policy, 35:666
– – Probationary Muslim state worker who wore veil may sue for firing (E.D. Pa.), 34:458
– – Rastafarian security guard applicant with dreadlocks, hiring claim rejected, no statement that hairstyle related to religion (7th Cir.), 35:274

– EEOC settlements, digest, 34:190
– Employee status, no jurisdiction over probationary IRS worker's claims (Fed. Cir.), 35:187
– Equitable estoppel, contractor misinformed by USAF on employee status, vaccination refusal claim (D. Md.), 35:461
– Evidence

– – Burden of proof

See Burden of proof, this heading

– – Exclusion of after-acquired evidence about decertification (3d Cir.), 34:238

– Humanitarian aid organization not church-affiliated, Title VII exemption (9th Cir.), 35:235
– Or. mandatory meeting law

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

– Performance, job

– – Pilot skills test failure, insufficient disparate treatment evidence (6th Cir.), 35:38
– – Superintendent at poultry processing firm failed to show bias, no prior experience (11th Cir.), 34:625

– Resignation of nurse who talked about end of world, employee not disciplined or forced to quit (W.D. Ky.), 35:251
– Security clearances, Jewish lawyer fired by CIA, dismissal of claims due to national security (D.D.C.), 34:371
– UK, Web insights, 34:167
– Union dues, auto worker objector required to pay charity amount equal to dues (U.S., rev den), 34:419
– Va., bias prohibition against state workers, 34:217; new directive issued, 34:338
– Work assignment, clerk denied excusal in registering same-sex couples (D. Or.), 35:405
– Work hours

– – Sabbath observance, early departure on Friday (S.D.N.Y.), 34:284
– – Security firm employee's firing for loafing upheld despite Friday accommodation request (3d Cir.), 35:364
– – Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760

RELIGIOUS FREEDOM RESTORATION ACT (RFRA)

– Equitable estoppel, contractor misinformed by USAF on employee status, vaccination refusal claim (D. Md.), 35:461

RELIGIOUS ORGANIZATIONS

– Alabama-W. Fla. Conference of United Methodist Church, racial bias and retaliation, “ministerial exception” applicable to black pastor's claims (11th Cir.), 34:449
– Chapel Hill Presbyterian Church, organization exemption upheld as constitutional (Wash. Ct. App.), 35:161
– Hosanna-Tabor Evangelical Lutheran Church, retaliation, “ministerial exception” inapplicable to lay teacher's ADA claim (6th Cir.), 34:328
– Lansing Catholic Diocese, retaliation, “ministerial exception” applicable to state law firing claims of teacher (Mich Ct. App.), 34:185
– Roman Catholic Diocese of Tulsa, Okla., age and sex bias, sexual harassment, and Equal Pay Act, “ministerial exception” applies to director's claims (10th Cir.), 35:101
– World Vision, religious bias, Christian humanitarian aid organization, Title VII exemption (9th Cir.), 35:235

REMEDIES

– Back pay

See BACK PAY

– Damages

See DAMAGES; PUNITIVE DAMAGES

– Exhaustion of administrative remedies

See EXHAUSTION OF REMEDIES

– Front pay

See FRONT PAY

– Injunctions

See INJUNCTIONS

– Recoveries by OFCCP, FY 2009 data, 34:175
– Writ of mandamus

See MANDAMUS

REMOVAL OF ACTIONS

– Appeals, order denying all motions before removal of arbitration suit from state court not final appealable order (5th Cir.), 34:364
– Attorney-judgment rule, malpractice (Mich. Ct. App.), 34:219
– Settlement agreement, jurisdiction over enforcement is federal not state (D. Md.), 35:371

REPORTS AND STUDIES

– Age bias, unemployed workers over 55 finding work, Sloan Center, 35:600
– Class actions filings in 2009, Seyfarth Shaw, 34:88
– Corporate Equality Center

– – Adverse impact analyses, best practices, 35:301
– – OFCCP's 2008 settlement data analysis, 34:147

– Family responsibilities bias, barring by local laws, Hastings Coll. of the Law, 34:18
– Federal sector

– – Disabled individuals, recruitment, 34:409
– – Diversity

– – – Coast Guard, Booz Hamilton, 34:502
– – – MSPB, 34:148

– – Domestic partners' benefits and pending legislation, Congressional Research Serv., 34:325
– – EEOC FY 2009 annual report on the workforce, 35:125
– – MSPB summary of prohibited personnel practices, 35:37

– Law firms, diversity declines, Natl. Ass'n for Law Placement, 35:563
– Legal defense costs for employers, Cal. study, Web insights, 34:377
– Pay gap

– – Attorneys, female staff, report, 35:100
– – BLS, 2009, 35:37
– – Harris Interactive survey, pay and promotions, 35:209
– – Joint Econ. Comm.

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

– – Spain, male/female gap, 2008 survey, 35:89

– Unmarried women's security and recent legislation, Center for Am. Progress, 34:325
– Web insights

See WEB INSIGHTS

– Wellness programs, compliance with tax and anti-bias laws, Congressional Research Serv., 35:303
– Work/life issues, Center for Am. Progress and Center for WorkLife Law, 34:115

REPRESENTATION

– Legal fees

See ATTORNEYS' FEES

REPRIMANDS

– Sexual harassment, employer response

– – GEO Group, oral reprimand of harasser (W.D. Wash.), 34:50
– – Wal-Mart, reprimands and firing of harasser (11th Cir.), 34:37

RES JUDICATA

– Disability bias

– – Grocery worker's claim, dismissal without sanctions (11th Cir.), 34:478
– – Nurse's federal firing claim not barred by state's dismissal for failure to join party and refile (2d Cir.), 34:150
– – USPS worker's Rehabilitation Act claim barred (11th Cir.), 35:282

– Racial bias

– – Atlantic City white firefighters' §1983 claims against city precluded by state action (D.N.J.), 34:195
– – Pa. Corrs. Dep't, hiring refusal claims rejected (M.D. Pa.), 35:420
– – Rockland County sheriff's department worker's prior state action bars federal suit (2d Cir.), 35:392

– Retaliation, USAID worker's performance rating and bonus claims (D.C. Cir.), 34:718
– Sexual harassment (Ark.), 34:453
– Superintendents not in privity with Corrs. Dep't in grievance procedure have no defense (4th Cir.), 35:602

RESCISSION

– EPLI, e-mail insufficient notice of need to investigate application (N.D. Cal.), 34:341
– Retaliation, rescinded suspension against USPS worker still adverse (2d Cir.), 34:42
– Sexual harassment settlement, Army worker's claim rejected due to lack of jurisdiction, no sovereign immunity waiver (11th Cir.), 35:156

RESIDENCY REQUIREMENTS

– Racial bias, reconsideration of injunction in disparate impact suit by black firefighter applicants (3d Cir.), 34:301; injunction vacated, Ricci cite (D.N.J.), 34:605; rule violates Title VII, 35:406
– Sexual orientation bias, nonresident fired for perceived homosexuality may sue (S.D.N.Y.), 34:126

RESIGNATION FROM EMPLOYMENT

– Constructive discharge

See CONSTRUCTIVE DISCHARGE

– Religious bias, nurse talked about end of world not disciplined or forced to quit (W.D. Ky.), 35:251

REST PERIODS

See BREAKS, MEAL AND REST

RETALIATION

– Adverse actions

– – Absent without leave status and physical contract insufficient for materially adverse standard (10th Cir.), 34:537
– – Accountant given cold shoulder (10th Cir.), 34:205
– – Dean of students had no claim for lateral move (E.D.N.C.), 35:83
– – Energy executive told “career is dead” if she files action, insufficient (D.C. Cir.), 34:475
– – Motorola worker's claims rejected, coworker alienation insufficient (E.D. Pa.), 34:729
– – N.Y. workers participated in investigation, claims revived under “materially adverse” standard (2d Cir.), 34:149
– – Office space is adverse but proof problems with communications professor's claim (1st Cir.), 34:326
– – Pharmacist had no reasonable belief of action, protected activity not shown, verdict overturned (11th Cir.), 34:623
– – Philadelphia streets department laborer's claims time-barred and insufficient, upheld (3d Cir.), 35:390
– – Postal clerk's judgment vacated, no “materially adverse” actions (1st Cir.), 34:632
– – Praxair employee repeatedly asked to stay and promoted cannot prove claim (2d Cir.), 35:634
– – Res-Care worker's claim on corrective action and tension insufficient (7th Cir.), 35:132
– – School employee with proof issues (Or. Ct. App.), 34:18
– – Secret Serv. analyst's claims about ostracism and workload revived (D.C. Cir.), 35:154
– – Seventh-Day Adventist officer did not show Saturday duty adverse (D. Conn.), 34:760
– – Suspension of USPS worker adverse despite rescission, nexus possible despite 15-month gap (2d Cir.), 34:42
– – Tax auditor failed to show inaction on race bias complaints retaliatory (2d Cir.), 34:621
– – USPS worker's claim based on meeting after complaint rejected (D. Or.), 35:197
– – Vanderbilt Univ. researcher's claims over grant proposals reinstated (6th Cir.), 34:178; (U.S., rev den), 35:411

– Arbitration

– – Biblically based mediation requirement for teacher at Christian academy enforceable (Tex. App.), 35:508
– – Busboy's claims compelled despite adhesion contract (S.D. Cal.), 34:663
– – Makeup artist's claims against ESPN and production company (2d Cir.), 34:279
– – NCR policy “unconscionable” (N.D. Cal.), 35:401
– – Paramedics did not accept ADR, no knowing voluntary waiver (6th Cir.), 34:545
– – Reinstatement order for in-house attorney was abuse of authority (Wis.), 35:140

– Attorneys' fees

– – Appellate fees must be requested from appeals court, jurisdiction lacking at trial level (10th Cir.), 35:223
– – Discretion to deny fees for low recovery under FEHA (Cal.), 34:96
– – EEOC proceeding representation, Navy civilian may sue (9th Cir.), 34:559
– – Nurse's award (S.D.N.Y.), 34:312

– Breach of contract, no jurisdiction over USPS worker's claim when settlement agreement incorporated into ALJ's order (Fed. Cl.), 35:324
– Burden of proof

– – Army civilian cook, personality conflicts (6th Cir.), 34:330
– – Bank teller's firing claim (M.D. Tenn.), 34:345
– – Database administrator's allegations insufficient (10th Cir.), 35:75
– – Karate instructor's claims related to weight issues properly dismissed (2d Cir.), 34:591
– – Lockheed Martin engineer's verdict properly set aside for insufficient evidence (1st Cit.), 35:50
– – McDonnell burden-shifting test for summary judgment rejected (Tenn.), 35:367
– – Medical center worker's claims against employer not supervisor (W.D. Va.), 35:190
– – Park workers but not union may sue (N.D.N.Y.), 34:222
– – Photographer's firing claim (10th Cir.), 34:93
– – Sabotage concerns may justify immediate firing after complaint, controller's claim still reinstated (11th Cir.), 35:69
– – School employee's claim rejected, defendants unaware of complaints (11th Cir.), 34:742
– – Tenn. state worker failed to prove causal connection and knowledge of protected activity (6th Cir.), 35:136
– – Traffic citations, pay delay, and bumping of USPS worker insufficient (1st Cir.), 34:560
– – UPS worker's firing after absence lasting a year, no pretext (5th Cir.), 34:305
– – Workplace relationships, Web insights, 34:167

– Causal nexus

– – Alabama Aircraft firm employee failed to produce proof (11th Cir.), 34:303
– – Allegheny Energy worker's 2-year interval between filing and firing too long (3d Cir.), 35:394
– – Army

– – – Civilian's AWOL designation due to leave documentation issues not harassment charge (1st Cir.), 35:418
– – – Clinical director removed for lack of qualifications not EEO activity (5th Cir.), 35:277

– – Automotive parts worker's claims against supervisor fail (6th Cir.), 34:569
– – Carnegie Mellon Univ. worker may proceed on claim (W.D. Pa.), 35:459
– – FLSA collective action after Dollar Store manager's firing (5th Cir.), 34:302
– – Gas mechanic may sue (D. Mass.), 34:487
– – Hospitals

– – – Financial error, worker's link weak (5th Cir.), 34:510
– – – Security guard suspended 2 days after complaint, aiding and abetting theory for individual liability (E.D.N.Y,), 35:586
– – – Transportation aide's claims about corrective action (8th Cir.), 35:501

– – Insurance agent's firing 8 days after request for additional disability leave sufficient for claim (E.D. Pa.), 35:54
– – JetBlue employee's firing 2 months after race bias complaint (2d Cir.), 34:233
– – Light-duty request and firing, decisionmaker unaware of comments made by another worker (11th Cir.), 34:654
– – Logistics analyst's discipline record starts after complaint, firing 1-month later (S.D. Tex.), 34:368
– – Management retention pool, plan exclusion one month after settlement of bias charges (W.D. Pa.), 34:524
– – Nonprofit employee fired 5 days after publicity for ADA lawsuit may sue (N.D. Cal.), 35:198
– – Panama City Beach, 8-month gap between female corporal's activity and firing (11th Cir.), 35:104
– – Performance review and leave denial, close timing insufficient for USPS worker's claims (5th Cir.), 35:471
– – Probation officer did not file grievance before decision to fire (11th Cir.), 34:562
– – Purchasing agent's firing claim rejected for 7-month gap (8th Cir.), 34:587
– – Snack food products employee's 10-month gap (D. Md.), 34:397
– – Surgeon's claim viable despite dispute over clarity of claims communication and proximity to contract nonrenewal (S.D. Fla.), 34:102
– – Teachers

– – – Boston, employee's promotion (Mass.), 34:453
– – – Probationary employee's claims fail (11th Cir.), 35:446

– – Trucking firm worker's firing claim rejected, year-long gap for PMS comment, waiver of transfer claim (7th Cir.), 34:586
– – TSA screener's firing, 3 months not close enough (11th Cir.), 35:503
– – UPS worker's firing for dishonesty, 8-month time gap (11th Cir.), 34:91
– – Waiter had 10-month gap between complaint and firing (7th Cir.), 34:207

– Collective bargaining, principal's unfavorable treatment claims related to pact negotiations (2d Cir.), 34:714
– Conciliation efforts lacking by EEOC, dismissal of claims against Bloomberg (S.D.N.Y.), 35:511
– Confidentiality policy, retail store worker's firing for disclosing information about pending bias claim upheld (11th Cir.), 35:395
– Conflict of interest, law firm disqualification due to associate's school board membership (E.D.N.Y.), 35:142
– Constructive discharge

– – Car salesman's claims fail, punitive damages verdict reversed (7th Cir.), 35:315
– – Dog track worker's claims fail (8th Cir.), 34:447

– Damages

– – Advocacy firm to pay employees who were threatened and fired after bias charge (D. Ariz.), 34:692
– – Automotive supplier (C.D. Ill.) , 34:159
– – Bakery resolves Mexican workers' claims (N.D. Ill.), 34:426
– – Boeing to resolve female engineers' claims (D. Ariz.), 34:189
– – Card room appeals verdict for dealer (Cal. Ct. App.), 35:453
– – Cement firm's firing of female worker who complained of harassment (D. Md.), 35:426
– – Cleveland white officer's award reduced (N.D. Ohio), 34:340
– – Concrete firm's firing of woman and male coworkers who supported her (D. Colo.), 34:277
– – Coroner's firing, ALJ's finding upheld but award “excessive” (7th Cir.), 35:162
– – Costco supervisor's demotion after “steers and queers” complaint (Cal. Ct. App.), 35:579
– – Elks Lodge to resolve bartenders' claims (S.D. Ill.), 35:165
– – Employment agencies

– – – Warehouse referrals (W.D. Tenn.), 35:248
– – – White worker's award (N.D. Ga.), 34:750

– – Factory worker's liquidated damages award upheld (6th Cir.), 35:163
– – Food growers cooperative, actions taken against Mexican female workers who complained of harassment (M.D. Pa.), 35:164
– – Home builder to pay sales employees for assignments and promotions (N.D. Ga.), 35:51
– – Housekeeper's verdict affirmed, firing came after complaints about nursing home residents' harassment (7th Cir.), 35:50
– – Lottery workers' award (Ky.), 34:542
– – Nashville and Davidson County worker fired after cooperating with investigation (M.D. Tenn.), 34:159
– – Navy probationary worker's award increased (EEOC Appeal), 35:675
– – Parks Dep't workers win (N.D. Ga.), 34:454
– – Plastics manufacturer to resolve claims (W.D. Tex.), 35:474
– – Radioactive waste company, settlement for harassment of black workers (W.D. Tenn.), 34:44
– – Roofing contractor to pay class of African Am. workers (W.D.N.Y.), 35:221
– – Sahara buffet worker (D. Nev.), 35:667
– – UPS manager fired after race bias trial, punitive damages award reinstated (6th Cir.), 35:194
– – Variable rate for post-judgment interest (Wash. Ct. App.), 34:156
– – Westin hotel baker under surveillance, award (S.D.N.Y.), 34:339

– Del., 2009 filing statistics, Web insights, 34:403
– Discipline

– – Noncitizen Army employee may sue over disparate treatment after ID policy complaints (E.D. Cal.), 35:86
– – United Airlines ramp supervisor's counseling letters, pretext not shown (10th Cir.), 34:8; (U.S., rev den), 35:411

– Discovery

– – Admissions, failure to timely answer, dismissal (8th Cir.), 34:331
– – Depositions, inadequate preparation of corporate representative, sanctions (D. Md.), 34:247
– – General counsel's involvement in investigation, precautionary documents not shielded by privileges (N.D. Ill.), 35:113
– – Metadata, employer's delay in production not subject to Rule 37 sanctions (N.D. Ill.), 35:80
– – Psychiatric exam, monitoring client from another room (Cal. Ct. App.), 35:642

– Duel-filed charge of ironworker, worksharing agreement (9th Cir.), 35:499
– Employee status

– – Law firm's shareholder/director not an “employee” (3d Cir.), 35:109
– – Probationary IRS worker's claims, jurisdiction lacking (Fed. Cir.), 35:187
– – Volunteers

– – – Firefighters not “employees” (N.D. Ohio), 34:77
– – – Teacher's claim improperly dismissed based on “volunteer” status (Fla. Ct. App.), 35:246

– Employer status, resource center not in an “industry affecting commerce” (N.D. Cal.), 34:523
– Evidence

– – After-acquired

– – – Decertification (3d Cir.), 34:238
– – – VA can admit misconduct for remedy not liability (D. Me.), 35:291

– – Burden of proof

See Burden of proof, this heading

– – Confidential document taken from HR cannot be used to support claim, but allowed in deposition (N.J.), 35:638
– – Direct examination, time limits (Mich. Ct. App.), 35:538
– – Mediation communications confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313
– – Sexual harassment incidents, exclusion during trial for retaliation upheld, prejudice outweighs relevancy (8th Cir.), 35:417
– – Spoliation

– – – Bad faith not found, no default judgment, adverse inference charge appropriate (D.D.C.), 35:344
– – – Exclusion of proof harmless in doctor's suit against hospital (Conn. App. Ct.), 34:23

– Exhaustion of remedies

– – Jurisdiction

– – – Summary judgment dismissal improper, exhaustion is jurisdiction not affirmative defense (10th Cir.), 35:470
– – – VA cook's claim revived, Title VII rule not jurisdictional (6th Cir.), 35:44

– – TSA worker's suit, proof outside pleadings considered (11th Cir.), 35:469
– – USPS worker sued before final ruling of EEO office (5th Cir.), 35:447

– First Amend.

– – Auditor's firing for release of police misconduct report upheld (8th Cir.), 35:470
– – Corrections officer's speech personal, firing for failed breathalyzer upheld (3d Cir.), 34:413
– – Drug director applicant's rejection based on poor interview, 6-7 month gap between speech and rejection (2d Cir.), 34:588
– – Individual liability, decision maker's investigation relieves lower level manager of §1983 liability for firing, denial of award upheld (U.S., rev den), 34:471
– – Ohio state worker's firing due to Internet misuse and insubordination (S.D. Ohio), 34:576
– – Speech pathologist's advocacy for students (10th Cir.), 34:237
– – Teacher's claim related to surplussing for exam review request fails, no official duty and no chilling effect (S.D. Ohio), 34:608
– – Transit manager demoted after internal misconduct report (2d Cir.), 34:354
– – Witness listing in internal bias complaint is not speech (11th Cir.), 35:74

– Fitness tests, “prophylactic” measure for officer with “volatile” behavior (9th Cir.), 35:128
– FMLA

– – Attendance point removal, factory clerk not granted forgiveness (7th Cir.), 34:450
– – County administrative assistant fired after taking several leaves may sue (7th Cir.), 34:585
– – Design coordinator RIFed during housing bust (D.N.M.), 34:287
– – Driver's firing due to misuse of leave (E.D. Mich.), 34:74
– – Factory manager fired for abusive phone call to supervisor not for leave (6th Cir.), 35:605
– – Home building firm employee's right to start leave not absolute, worker would have been fired anyway (11th Cir.), 34:446
– – Insurance firm employee fired one month after care for disabled child (M.D. Pa.), 34:192
– – Return to work claim of chef (M.D. Tenn.), 34:28
– – RIF selection of Kmart associate on leave (6th Cir.), 34:212
– – Vice president's demotion after return from maternity leave (11th Cir.), 34:444
– – Workers' compensation, battery plant unable to perform job, firing not due to possible claims (D. Kan.), 35:516

– Former employee may sue, but mileage reimbursement delay not significant harm (10th Cir.), 35:634
– Health refund payments delay not sufficient for USPS worker's claim (8th Cir.), 35:215
– Hiring

– – FAA orders, no jurisdiction due to intertwined claims (5th Cir.), 35:572
– – Paramedic may sue Pittsburgh (W.D. Pa.), 34:316

– Immunity

– – GERA nullifies immunity for governor's aides (U.S., rev den), 34:66
– – Intra-military, dual status worker's claims barred by Feres doctrine (9th Cir.), 34:712
– – United Nations and officials shielded (2d Cir.), 34:298; (U.S., rev den), 35:410

– Injunctions, former funeral employee not entitled to injunction for protection of future workers (W.D. Pa.), 35:340
– Judicial estoppel of claim despite standing to appeal initial summary judgment (D.C. Cir.), 34:681
– Juries and jury instructions

– – IRS employee's demotion, rejection of pretext jury instruction (U.S., rev den), 34:470
– – UPS driver granted new trial, inconsistent answers to special verdict questions (6th Cir.), 34:655
– – Wyeth engineer's claim revived, error in causation charge (2d Cir.), 35:191

– Knowledge of employer

– – Construction worker's claims fail, harassment not reported (4th Cir.), 35:152
– – Nurse's intent to file claim over hours, no summary judgment when factual dispute (W.D. Pa.), 35:290

– Layoffs and RIFs

– – City planner laid off during reorganization (5th Cir.), 35:422
– – Systems analyst's claims fail (3d Cir.), 35:389

– Leave, commissary worker's forced leave due to mental condition (D. Conn.), 35:513
– Light duty, USPS worker's status determined by independent panel, no cat's paw found, home without pay and nonpromotion upheld (7th Cir.), 35:334
– Medical information, officer's mental health treatment made public, claim reinstated (3d Cir.), 34:620
– Medical staff privileges suspension, neurosurgeon had no property or contract rights (11th Cir.), 34:268; Web insights, 34:377
– “Ministerial exception”

– – Catholic teacher's state civil rights and whistleblower firing claims, applicable (Mich. Ct. App.), 34:185
– – Lutheran teacher taught secular subjects, ADA claim (6th Cir.), 34:328
– – Methodist pastor's claims barred (11th Cir.), 34:449

– Misconduct

– – Bad attitude firing after black server complained that customer preference for white servers, worker may sue (D.S.D.), 35:618
– – Child care counselor fired for harassment (3d Cir.), 35:608
– – County worker's insubordination firing for failure to cooperate in investigation upheld (6th Cir.), 34:622
– – Driver fired for threats, no bad faith (10th Cir.), 34:717
– – Ford worker's homicidal feeling and zero tolerance policy (S.D. Ohio), 35:482
– – Housing authority manager fired for insubordination and dishonesty (11th Cir.), 35:106
– – Officer's firing for insubordination upheld (11 Cir.), 34:564
– – Overtime pay dispute, aggressive demeanor in phone call (11th Cir.), 34:683
– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – Pharmaceutical representative fired for business practices not harassment claim (11th Cir.), 35:245
– – Salesman fired for backdating compensation agreement may sue (D. Ariz,), 34:550
– – Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194
– – Time sheets

– – – Flying J worker's falsification of time sheets (D.N.M.), 35:479
– – – Subordinate's records falsified, pretext in firing not shown (11th Cir.), 34:538

– – Trade secret misappropriation allegation while suit pending (D. Colo.), 35:670

– “Mixed-motive” liability theory still available despite Gross ruling (5th Cir.), 34:384
– MSPB summary of prohibited personnel practices, 35:37
– National security concern, Jewish lawyer fired by CIA, dismissal of claims (D.D.C.), 34:371
– Natl. Employment Law Inst., legal developments, 35:671
– Notification of allegations not made, DOJ suit against P.R. Dep't (D.P.R.), 35:647
– Participation in employer's internal investigation, employee's comments not shielded (7th Cir.), 35:269
– Performance, job

– – Aircraft workers violated fueling procedures, firing upheld (5th Cir.), 35:281
– – AOL worker fired for coworker friction (10th Cir.), 34:179
– – Art director's insubordination and deficiencies resulted in firing (1st Cir.), 34:264
– – Bookkeeper fired during childbirth leave (M.D. Fla.), 35:430
– – Coach's reappointment denial (6th Cir.), 34:209
– – Family services director may sue (W.D. Wash.), 35:478
– – FedEx computer analyst's firing (3d Cir.), 35:502
– – Human resources manager's ethics complaints (3d. Cir.), 35:659
– – K-Mart manager's reprimand and constructive discharge claims rejected (10th Cir.), 35:472
– – Medical personnel

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

– – Research scientist's claims (3d Cir.), 35:500
– – 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
– – USPS mail carrier fired for losing key (10th Cir.), 34:411
– – Wal-Mart employee's firing due to absenteeism (11th Cir.), 34:37

– Pleading

– – Employer's affirmative defenses subject to Twombly-Iqbal's heightened plausibility standard (E.D. Va.), 35:253
– – 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
– – Pro se litigant's claims reinstated (2d Cir.), 34:415
– – Teacher given leave to amend complaint (D. Md.), 35:458
– – VA technologist's claims not “within four corners of his complaint,” reference made to separate case document (5th Cir.), 35:12

– Preemption by NLRA and LMRA, Russian immigrants' claims related to pact revived, American workers allegedly treated better (2d Cir.), 34:713
– Promotions

– – Lifeguard's claims revived (9th Cir.), 34:746
– – 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
– – USAID worker raises issues (D.C. Cir.), 34:718

– Protected activity

– – Affair, executive's complaint about colleague not covered (S.D.N.Y.), 34:134
– – EAP counselor's accommodation request was stray remark. claim rejected (8th Cir.), 35:271
– – Fiancee filed bias complaint, DOJ opposes claim for worker's firing (U.S., amicus brief), 34:686; (rev grant), 35:28; attorneys discuss, 35:409; (oral arg), 35:629
– – Firefighter's assistance in grievance over T-shirt not protected (11th Cir.), 35:363
– – Interracial marriage, white woman did not initiate complaint on racist remark (10th Cir.), 34:204
– – Pilot instructors grieved seniority list omission and later RIFed (N.D. Tex.), 34:728
– – Procurement director's claims (4th Cir.), 35:569
– – Racial profiling opposition, rejection of trooper's claim due to culpability (3d Cir.), 34:561
– – Residency program termination for disclosure of hours violation (W.D. Va.), 34:758
– – Transgendered court security officer's written statement about tension with coworkers insufficient (D. Colo.), 35:116
– – University employee had no reasonable belief activity protected, no adverse action involved (Minn.), 35:310
– – Witnesses

– – – Bristol-Myers scientist fired during reorganization may sue (1st Cir.), 35:217
– – – County employee listed as potential witness in internal bias complaint insufficient (11th Cir.), 35:74
– – – Coworker's charge, named as witness (D. Ariz.), 34:224

– Punitive damages

– – Attorneys' fees (U.S., rev den), 35:519
– – Jury instruction error (9th Cir.), 35:17

– Qualifications for job, Native Am. lawyer's claim fails where she was not best qualified (S.D. Tex.), 34:665
– Religious symbols in work space, employer may ban, Christian couple's firing for wall hanging (11th Cir.), 35:658
– Res judicata, no defense for superintendents not in privity with Corrs. Dep't in grievance procedure (4th Cir.), 35:602
– Settlements

– – Enforcement

– – – Jurisdiction over EEOC agreement is federal not state (D. Md.), 35:371
– – – Magistrate's authority (6th Cir.), 34:391

– – Waiver of USDA worker's claims arising before pact (1st Cir.), 35:133

– Statutes of limitations

– – Hostile work environment claims, continuing violation does not automatically attach (5th Cir.), 34:563
– – Mental health worker failed to give timely notice (D.C.), 34:539
– – Merck pharmaceutical representative's claim time-barred (5th Cir.), 35:13
– – N.M., continuing violation doctrine (N.M. Ct. App.), 35:576
– – Nigerian professor's claims untimely (4th Cir.), 34:267
– – Post-discharge conduct, insurance of man fired after revealing boss's affair canceled (N.J.), 34:124; Web insights, 34:197
– – Right-to-sue letter, timely filing despite failure to sue within 90 days of state notice (10th Cir.), 34:532
– – Wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39

– Supervisor liability (Ark.), 35:578
– Taxation of emotional distress settlement (T.C.), 34:130
– Telecommuting, reasonableness of accommodation for hospital manager (S.D Ohio), 34:317
– Temporal proximity

See generally Causal nexus, this heading

– Transfers

– – DOD intelligence officer's Bivens claim against individuals preempted by pending Title VII action (D.D.C.), 34:601
– – HUD lawyer's reassignment could be adverse (D.C. Cir.), 34:504
– – Perception theory claim of Secret Serv. worker denied reassignment (D.D.C.), 34:344
– – Public defender's claims related to involuntary reassignment, sufficiency of evidence (S.D. Cal.), 34:75
– – School administrator's qualifications lacking (M.D. Pa.), 34:77
– – Secretary's denial not due to bias complaint or FMLA leave (D.C. Cir.), 35:39
– – Security firm employee's evidence lacking (7th Cir.), 35:305
– – Teacher's claim for reassignment after brain surgery reinstated, firing claims fail (2d Cir.), 35:8
– – USPS letter carrier's protected activity 11 months after grievance (3d Cir.), 34:38

– Waiver, nonrenewal of staff privileges, doctor has no claim (3d Cir.), 35:601
– Work assignments

– – Forest Serv. worker's claims rejected, assignment change not adverse (D. Colo.), 35:346
– – HUD ALJ's marginalization complaint (D.D.C.), 34:251
– – Officer's claim over security detail denial, no error in jury instructions and evidentiary rulings (7th Cir.), 34:40
– – Special education teacher's claim over evaluation and firing after math assignment rejected (2d Cir.), 35:609

RETENTION OF EMPLOYEES

– Hispanics in federal employment, OPM report, 34:502
– Negligence verdict overturned, state law as exclusive remedy for harassment (Tex.), 34:747
– Retaliation, exclusion from management retention pool plan one month after settlement of age bias charges (W.D. Pa.), 34:524
– Sex bias, Merrill Lynch's Advisor Transition Program, female advisor's claim devoid of detail (S.D.N.Y.), 34:484

RETIREE HEALTH BENEFITS

– Age bias, corrections agency's “age 55 cliff” program and health benefits contributions (D. Minn.), 34:551; payment ordered, 34:750

RETIREMENT

– Constructive discharge, warden (5th Cir.), 35:532
– Early retirement

See EARLY RETIREMENT

– Fire district settlement, denial of retirement credits to volunteers over 55 (E.D.N.Y.), 34:517
– Life insurance, retirees' class disparate impact ADEA claims (D. Kan.), 35:84
– Mandatory

See MANDATORY RETIREMENT

– Pensions

See PENSIONS

– TSA not exempt from Rehabilitation Act, instructor forced to retire (EEOC Appeal), 35:674

REVERSE DISCRIMINATION

– Racial

– – Atlantic City white firefighters' §1983 civil rights claims precluded by state action (D.N.J.), 34:195
– – Corrections officer fired for abusing black inmate (M.D. Pa.), 34:726
– – Hiring, rejected white applicant for black school's principal job may sue (N.D. Miss.), 34:164
– – Los Angeles, verdict for white fire department captains disciplined after dog food incident (Cal. Ct. App.), 34:276
– – Parks Dep't workers win (N.D. Ga.), 34:454
– – Physician's erroneously forced to disclose income for punitive damages issue, harmless error (4th Cir.), 35:370
– – Ricci impact

– – – Disparate impact theory, jurists' distaste for, conference discussion, 34:374
– – – Employment attorneys say impact limited, Analysis, 35:590
– – – Intentional bias proof burden, conference discussion, 34:401

– Sex, male nurse's firing for chart deficiencies, female nurses not treated more favorably (6th Cir.), 34:65

RFRA

See RELIGIOUS FREEDOM RESTORATION ACT (RFRA)

RHODE ISLAND

– Statute of limitations extension for employment bias lawsuits, 34:98

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RIFs

See REDUCTIONS IN FORCE (RIFs)

RIGHT TO SUE

– Religious bias, nurse performing abortions, no private right of action under Church Amend. (2d Cir.), 35:636

RIGHT-TO-SUE LETTERS

– National origin and sex bias, and retaliation, timely despite failure to sue within 90 days of state right-to-sue notice (10th Cir.), 34:532