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SAFETY, OCCUPATIONAL

See OCCUPATIONAL SAFETY AND HEALTH

SAME-SEX HARASSMENT

– “Because of sex”

– – Bakery coworker's buttock slaps and dry humping of both sexes, claim fails (8th Cir.), 35:417
– – Breast size, Verizon technician's claim for comments viable (S.D.N.Y.), 34:370
– – Graffiti in bathroom, dismissal of Verizon worker's claim, hostility due to overtime (S.D.N.Y.), 34:431

– Damages

– – Aircraft services firm to pay male workers (C.D. Cal.), 35:191
– – Chef's fondling, settlement (D. Ariz.), 35:668
– – San Diego firefighters forced participation in gay pride parade, award affirmed (Cal. Ct. App.), 35:475

– Employer's response

– – American Standard Circuit's male workers may sue when no action taken (N.D. Ill.), 34:165
– – Mining firm's prompt action (11th Cir.), 35:535

– Severe or pervasive conduct

– – Animal control probationary worker may sue (N.D. Cal.), 34:602
– – Home Depot male workers' claims, en banc review (11th Cir.), 34:336; dismissal, 35:157
– – Sexual proposal insufficient for harassment, text message and contact sufficient for battery claim against harasser (M.D. La.), 35:252

SAME-SEX MARRIAGE

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Defense of Marriage Act challenge by federal employees' with same-sex spouses (D. Mass.), 35:145
– Long-term care insurance exclusion of state workers' partners (N.D. Cal.), 34:548
– Md., health benefits extended to state employees' same-sex spouses married outside state, 34:658

SANCTIONS

See PENALTIES

SCHOOLS

See EDUCATIONAL INSTITUTIONS

SECTION 1981 CLAIMS

See CIVIL RIGHTS ACT OF 1870

SECTION 1983 CLAIMS

See CIVIL RIGHTS ACT OF 1871

SECURITY CLEARANCES

– National origin bias and retaliation, noncitizen Army employee may sue over bias and disparate treatment due to ID policy and email changes (E.D. Cal.), 35:86
– Religious bias and retaliation, Jewish lawyer fired by CIA, dismissal of claims due to national security (D.D.C.), 34:371

SEIU

See SERVICE EMPLOYEES (SEIU)

SEMINARS

See CONFERENCES AND MEETINGS

SENIORITY

– Pregnant officers settle (E.D. Mich.), 35:193
– Retaliation, pilot instructors grieved seniority list omission and later RIFed (N.D. Tex.), 34:728

SERVICE EMPLOYEES (SEIU)

– Local 1021, progressive discipline, reinstatement of alleged harasser, pact's time bar on discipline (Cal. Ct. App.), 35:537
– National origin bias and retaliation, preemption by NLRA and LMRA, Russian immigrants' claims related to pact revived (2d Cir.), 34:713

SETTLEMENTS

– Age bias

– – Allstate sales force rehiring policy, resolution of disparate impact claims (E.D. Mo.), 34:20
– – Fire district resolves claims for denial of retirement credits to volunteers over 55 (E.D.N.Y.), 34:517
– – TV writers' class action to settle (Cal. Super. Ct.), 34:128

– Attorneys' fees

– – Contingency fee calculation based on agreed-to-settlement not satisfied judgment (Wash.), 35:455
– – Public-interest counsel may raise issue in negotiations (N.J.), 34:185

– Breach claims

– – ALJ's order, no jurisdiction over USPS worker's breach claim when agreement incorporated into order (Fed. Cl.), 35:324
– – Appellate jurisdiction over transferred claims (D.C. Cir.), 35:41
– – Negative reference provided to prospective employer (Fed. Cl.), 34:604
– – Workers' compensation and social security benefit interference, USPS worker's claim rejected (8th Cir.), 35:215

– Corporate Equality Center analysis of OFCCP's 2008 settlement data, 34:147
– Disability bias and retaliation, magistrate's authority to enforcement USPS worker's pact (6th Cir.), 34:391
– Disability bias and workers' compensation, global settlement (Cal. Ct. App.), 35:506
– Disability bias, class action distribution, Sears' workers' compensation leave policy (N.D. Ill.), 34:189
– EEOC digests

See EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– Marital property in divorce (Md. Ct. Spec. App.), 34:273
– National Employment Lawyers Ass'n, federal sector, tips for negotiations, 35:29
– National origin and racial bias

– – Attorney settlement correspondence, exclusion not reversible error (6th Cir.), 34:625
– – Latino drywall workers' pay and working conditions (D. Minn.), 34:661

– Pregnancy bias and equal protection, officers settle over leave, light duty, and seniority (E.D. Mich.), 35:193
– Racial bias, Tyson Foods subsidiary resolves hiring claims of white and black applicants, 35:474
– Religious bias, corrections officer, head scarf and uniform policy (D.N.J.), 35:579
– Rescission of sexual harassment agreement claim rejected due to lack of jurisdiction, no sovereign immunity waiver (11th Cir.), 35:156
– Retaliation

– – Jurisdiction over enforcement of EEOC agreement is federal not state (D. Md.), 35:371
– – Mediation communications confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313
– – Waiver of USDA worker's claims arising before pact (1st Cir.), 35:133

– Sex and pregnancy bias, class action by female pharmaceutical sales employees (S.D.N.Y.), 35:111; final approval, 35:580; written opinion issued, 35:641
– Sex bias and retaliation, concrete firm to pay for firing of woman and male coworkers who supported her (D. Colo.), 34:277
– Sexual harassment

– – Library of Congress to resolve claims involving law librarian chief (D.D.C.), 35:285
– – Task force established as part of agency's resolution of suit (Cal. Super. Ct.), 34:47

– Taxation, emotional distress payment not excludable from income (T.C.), 34:130

SEVERANCE PAY AND BENEFITS

– Age bias, OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373

SEX DISCRIMINATION

– Adverse actions

– – 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

– Affirmative action

See generally AFFIRMATIVE ACTION

– Arbitration

– – CitiFinancial employee's promotion claims must be arbitrated (D. Colo.), 34:280
– – Cost-splitting provision, enforceability standard and financial ability to pay (N.Y.), 34:423
– – Jewelry store employee's claims not compelled, pact unenforceable (3d Cir.), 34:753
– – “Loser pays” provision, casino assistant “cage” manager's claims not compelled (3d Cir.), 34:363
– – Reinstatement order for in-house counsel was abuse of authority (Wis.), 35:140

– Attorneys

– – Disqualification

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

– – Fees for EEOC proceeding, Navy civilian may sue (9th Cir.), 34:559
– – Pay gap for female lawyers, report, 35:100

– Breaks, employers' obligations to nursing mothers

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

– Burden of proof

– – 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
– – Forester's claims insufficient (Alaska), 35:139
– – Health care facility worker (W.Va.), 35:16
– – Park workers but not union may sue (N.D.N.Y.), 34:222
– – Photographer's firing claim (10th Cir.), 34:93

– Business bias, owner-member of subcontract firm lacked privity to sue (Minn.), 34:540
– Class actions

– – Credit and criminal records of applicants, time limits narrows scope of action to practices after 2007 (D. Md.), 34:571
– – Family Dollar Store female managers' certification of pay claims not barred by punitive damages request (W.D.N.C.), 34:131
– – Fitness test, certification for female applicant's claims, issue not moot (D. Conn.), 34:101
– – Goldman Sachs, action filed over pay and promotions of female professionals (S.D.N.Y.), 35:346
– – Grocery chain's female employees' hiring and promotion claims, certification (S.D.N.Y.), 34:365
– – Merrill Lynch and Bank of Am. female financial advisors allege bias in pay, partnership opportunities, and other employment terms (E.D.N.Y.), 34:458
– – Mich. male minority state employees' promotion claims, certification denial vacated (Mich.), 34:186
– – 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
– – Sterling Jewelers' arbitration agreement no bar to female employees' pay and promotion 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

– 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
– Damages

– – Aircraft services firm, harassment of male workers (C.D. Cal.), 35:191
– – Animal control officer's verdict for hiring refusal upheld (10th Cir.), 34:661
– – Beaumont officer denied promotion, damages and fees upheld, future damages rejected (5th Cir.), 35:317
– – Boeing to resolve female engineers' claims (D. Ariz.), 34:189
– – Brown Palace hotel worker's promotion denial (D. Colo.), 35:667
– – Concrete firm, firing of woman and male coworkers who supported her (D. Colo.), 34:277
– – Continental Airlines to resolve hiring refusal claims, 34:631
– – Food products employee's award for disparate treatment (E.D. Tex.), 34:394
– – Home builder to pay sales employees for assignments and promotions (N.D. Ga.), 35:51
– – Outback Steakhouse, glass ceiling settlement for female workers (D. Colo.), 34:19
– – Pharmaceutical firm to resolve female salespersons' class action (S.D.N.Y.), 34:362; approved, 35:221
– – Schwab Tire chain, hiring refusal (W.D. Wash.), 34:339
– – Staffing firm's biased referral decisions (N.D. Ohio), 35:195
– – Variable rate for post-judgment interest (Wash. Ct. App.), 34:156
– – Wal-Mart, female applicants for warehouse jobs (E.D. Ky.), 34:275

– Demotions, home building executive's claims unproven (10th Cir.), 34:414
– Discipline

– – Charter jet pilots fired after harassment probe could show similarly situated workers (9th Cir.), 35:236
– – United Airlines ramp supervisor's counseling letters, pretext not shown (10th Cir.), 34:8; (U.S., rev den), 35:411

– Discovery

– – Default judgment as sanction against SSA in attorney's promotion denial suit (EEOC), 34:99
– – Psychiatric exam, monitoring client from another room (Cal. Ct. App.), 35:642

– Disparate treatment, JetBlue employee's evaluation and discipline complaints (2d Cir.), 34:233
– Due process

– – Hearing violation (Iowa), 34:18
– – Office manager's firing due to budget, no §1983 claim (N.D. Ill.), 35:452

– Employee status

– – Insurance agent was independent contract (9th Cir.), 35:153
– – Law firm's shareholder/director not an “employee” (3d Cir.), 35:109

– Equal Pay Act

See EQUAL PAY ACT (EPA)

– Evidence

– – Breast grabbing by worker, arbitral finding inadmissible in suspension suit (E.D.N.Y.), 35:582
– – Burden of proof

See Burden of proof, this heading

– – Spoliation

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

– Exhaustion of remedies

– – Los Angeles firefighter's award overturned (Cal. Ct. App.), 34:243
– – Miami public health worker's promotion claim (11th Cir.), 34:356
– – Summary judgment dismissal improper, exhaustion jurisdiction not affirmative defense (10th Cir.), 35:470

– Harassment

See SAME-SEX HARASSMENT; SEXUAL HARASSMENT

– Hiring

– – BFOQ, opinion letter about women's prison not reviewable (Wash. Ct. App.), 35:138
– – Firefighter applicant may sue (8th Cir.), 34:652
– – Food distributor, order selector jobs (DOL OALJ), 35:674
– – Paramedic may sue Pittsburgh (W.D. Pa.), 34:316
– – “Pattern or practice” actions

– – – N.Y.C. liable, hiring of male bridge painters (S.D.N.Y.), 34:631; settlement, 35:396
– – – §706 action, framework not authorized, burden-shifting to prove Cintas 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

– – Postoperative transsexual's denial not proven as “because of sex” (D.N.H.), 34:193
– – Tyson Foods, OFCCP complaint of refusal of female applicants at meat processing plant, 35:376

– Immunity

– – GERA nullifies immunity for governor's aides (U.S., rev den), 34:66
– – Intra-military

– – – Air Reserve technician's claims barred (6th Cir.), 35:129
– – – Nat'l Guard dual status technician's claims barred by Feres doctrine (8th Cir.), 35:210

– – United Nations and officials shielded (2d Cir.), 34:298; (U.S., rev den), 35:410

– Juries, UPS driver granted new trial, inconsistent answers to special verdict questions (6th Cir.), 34:655
– Los Angeles considers oversight panel for bias and harassment claims, 35:338
– Maternity leave, length-of-service requirement not bias, firing upheld (Ohio), 35:15
– Medical leave for breast cancer, claim of fired MetLife worker (3d Cir.), 34:334
– Men's roles in workplace flexibility, panel discussion, 35:359
– “Ministerial exception” applies to Catholic Diocese director's claims (10th Cir.), 35:101
– Misconduct

– – Brakeman fired after derailment cannot prove bias (6th Cir.), 34:656
– – Cement firm employee's firing due to failure to file incident report not bias (N.D. Iowa), 34:25
– – Claims representative fired for breach of gift policy (5th Cir.), 34:479
– – Dog training business on work computer, female engineer's firing upheld, no similarly situated worker treated more favorably (7th Cir.), 35:306
– – Law enforcement

– – – Insubordination, female officer's firing upheld (11 Cir.), 34:564
– – – Petty cash investigation of warden, forced retirement (5th Cir.), 35:532
– – – Sergeant's suspension and firing after refusing to answer questions about relationship may be pretext (E.D. Mich.), 34:101

– – Morals clause firing for domestic disturbances arrest of TV reporter (5th Cir.), 35:76
– – Mortgage executive fired for describing client with expletive (11th Cir.), 35:153
– – Paralegal's firing for 6-month absence without leave (D.D.C.), 35:616
– – Probationary female firefighter's firing for posting photos and rulebreaking (11th Cir.), 34:234
– – Sam's Club associate fired for making anti-diversity comments (M.D. Ga.), 34:194
– – Shift supervisor's firing for failure to enforce harassment policy (W.Va.), 35:613
– – Social worker threatened to kill supervisor (10th Cir.), 35:449
– – Southwestern Bell technician's firing for training refusal (10th Cir.), 34:183
– – Trucking firm worker's claims rejected, insubordination firing upheld (7th Cir.), 34:586

– Motions, excusable neglect in late filing of time extension request for dismissal motion response not shown (8th Cir.), 34:151
– Nonrenewal of contract

– – Energy executive's claims not proven (D.C. Cir.), 34:475
– – Puerto Rican doctor's verdict overturned for insufficient evidence (1st Cir.), 35:339
– – Surgeon's disparate treatment claims viable (S.D. Fla.), 34:102

– Pay equity

– – Attorneys, wage gap for female lawyers, report, 35:100
– – Colo. law signed, 34:724
– – Drug maker pays female sales representatives less, DOL alleges, 34:601
– – Enforcement

– – – Ledbetter 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
– – Joint Econ. Comm. reports

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

– Pay raise, burden of proof for communications professor's claim (1st Cir.), 34:326
– Performance, job

– – Advertising sales representative may sue (E.D. Pa.), 34:318
– – Cal. state employee's firing upheld despite supervisor's gruff manner (9th Cir.), 35:76
– – Family services director from social service agency may sue (W.D. Wash.), 35:478
– – Golf club professional's forced resignation claim revived (Ohio Ct. App.), 34:722
– – Store manager fired for rudeness (6th Cir.), 35:43
– – USPS mail carrier fired for losing key (10th Cir.), 34:411

– Pleading

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

– Promotions

– – Accountant lacked superior qualifications (10th Cir.), 34:205
– – Amtrak female employees' class action impact claims over one-year blocking rule revived (3d Cir.), 35:238
– – Correctional facility's policy biased against male guards (9th Cir.), 35:103
– – Direct evidence of bias in selection for state mental health department job (4th Cir.) , 34:64
– – DOD male worker's claims reinstated (6th Cir.), 35:566
– – EEO counselor consultation and timeliness of claims (D.C. Cir.), 34:208
– – Firefighters' claims denial based on pleading and proof (3d Cir.), 34:481
– – Harris Interactive survey, inequality, 35:209
– – Lifeguard's claims revived (9th Cir.), 34:746
– – Patent and Trademark Office workers' “accretion-of-duties” claims fail (4th Cir.), 35:105
– – School employee did not show bias (11th Cir.), 34:742
– – USAID worker raises issues (D.C. Cir.), 34:718

– “Refusal to do business,” viability of female contractor's harassment claim (N.J. Super. Ct. App.), 34:68
– Reinstatement

– – Arbitrators' order for in-house counsel was abuse of authority (Wis.), 35:140
– – Railroad dispatcher failed to produce return to work release (8th Cir.), 34:680

– Residency program termination, medical resident's claims (W.D. Va.), 34:758
– Reverse bias, firing of male nurse for chart deficiencies, female nurses not treated more favorably (6th Cir.), 34:65
– RIFs, systems analyst's claims fail (3d Cir.), 35:389
– Settlement pact consisting of emails enforceable even though employee had not signed (N.D. Ill.), 35:398
– Sex stereotyping

– – Air marshal's harassment claim, comments about orientation not effeminacy (S.D. Fla.), 34:250
– – Bank employee's firing for bikini photo upheld (W.D. Tenn.), 35:115
– – Hotel desk clerk claim described as “tomboyish” (8th Cir.), 34:116; Web insights, 34:197
– – Mother with infants, sales director's firing over conference attendance (S.D.N.Y.), 34:221
– – Transgendered workers

– – – Court security officer may sue for stereotyping not bias (D. Colo.), 35:116
– – – Ga. state worker entitled to relief (N.D. Ga.), 35:225

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

– – Dollar Store manager failed to file within 90 days (5th Cir.), 34:302
– – Exhaustion of remedies

See Exhaustion of remedies, this heading

– – Lawyer's claims not untimely (D.C.), 34:307
– – Pro se litigant status and “egregious conduct” by counsel, tolling possible (6th Cir.), 34:14
– – Right-to-sue letter, timely filing despite failure to sue within 90 days of state notice (10th Cir.), 34:532

– Taxation of emotional distress settlement (T.C.), 34:130
– Testing, fired female trucker may sue, injured male workers not tested (4th Cir.), 34:476
– Transfers

– – Adverse actions, FAA manager's lateral reassignment (D.C. Cir.), 34:35
– – DOD intelligence officer's Bivens claim against individuals preempted by pending Title VII action (D.D.C.), 34:601
– – Public defender's claims related to involuntary reassignment, sufficiency of evidence (S.D. Cal.), 34:75
– – Security firm employee's evidence lacking (7th Cir.), 35:305

– Transgendered individuals

See GENDER VARIANCE DISCRIMINATION

– Va., bias prohibition against state workers, 34:217; new directive issued, 34:338
– Work assignments

– – Forest Serv. worker's claims rejected, assignment change not adverse (D. Colo.), 35:346
– – Nurse's intent to file claim over hours, no summary judgment when factual dispute (W.D. Pa.), 35:290
– – Officer's claim over security detail denial, no error in jury instructions and evidentiary rulings (7th Cir.), 34:40
– – Verizon female technician's claims revived (2d Cir.), 35:240

SEX STEREOTYPING

– Air marshal's harassment claim, comments about orientation not effeminacy (S.D. Fla.), 34:250
– Hotel desk clerk claim described as “tomboyish” (8th Cir.), 34:116; Web insights, 34:197
– Mother with infants, sales director's firing over conference travel (S.D.N.Y.), 34:221
– Transgendered workers

– – Court security officer may sue for stereotyping not bias (D. Colo.), 35:116
– – Ga. state worker entitled to relief (N.D. Ga.), 35:225

SEXUAL HARASSMENT

– Adverse actions, school employee with no proof (Or. Ct. App.), 34:18
– Affirmative defense

– – Employer's response, prompt remedial action

See Employer's response, this heading

– – Grocery workers may sue despite “open door” policy (N.D.N.Y.), 35:429
– – JetBlue employee's complaints to harasser not “unreasonable” (2d Cir.), 34:233
– – New York City

– – – Human Rights Law, Faragher defense inapplicable, BNA Insights, 35:293
– – – New Sch., no Faragher/Ellerth defense available for local law claims (N.Y.), 34:568

– – Office manager's firing due to budget, no complaint made (N.D. Ill.), 35:452
– – Repeat offender, reasonable care to prevent harassment (D. Md.), 34:397
– – Tangible employment action and submission to demands for sex, female worker without legal resident status (N.D. Ill.), 34:47
– – Teacher sexually assaulted by supervisor, claim revived despite reporting delay (1st Cir.), 34:443

– Age bias, 69-year-old manager fired for harassment not bias (5th Cir.), 34:299; affirmed, 34:419
– Arbitration

– – Cheesecake Factory worker bound by employee handbook clause (D. Md.), 35:21
– – Makeup artist's claims against ESPN and production company (2d Cir.), 34:279
– – Paramedic did not accept ADR, no knowing voluntary waiver (6th Cir.), 34:545
– – Text messages, just cause discipline (Arb.), 35:509

– Attorneys' fees

– – Arbitrator's award for plaintiff improperly set aside, EEOC filing as precondition to fee award an open issue (Mich. Ct. App.), 35:23
– – Trucking firm award for EEOC failure to investigate class claims (N.D. Iowa), 34:245

– Bankruptcy, action judicially estopped due to nondisclosure (6th Cir.), 35:211
– Burden of proof

– – “Because of sex”

– – – Army civilian supervisor's lack of attraction immaterial, conduct triggered by gender (1st Cir.), 34:716
– – – Bakery coworker's buttock slaps and dry humping of both sexes, claim fails (8th Cir.), 35:417
– – – Breast size comments, Verizon technician's same-sex claim viable (S.D.N.Y.), 34:370
– – – Graffiti in bathroom, dismissal of Verizon worker's claim, hostility due to overtime (S.D.N.Y.), 34:431
– – – Threats to choke and kill, secretary's claim revived (2d Cir.), 35:39

– – Civility in workplace not actionable, dismissal of pro se litigant's claims upheld (2d Cir.), 34:415
– – Finger in overalls is bullying (Arb.), 34:162
– – N.Y.C., hostile environment analysis under local law separate from state and federal claims (2d Cir.), 34:158
– – Severe or pervasive conduct issue

See Severe or pervasive conduct, this heading

– – Starbucks worker's alleged coerced relationship with supervisor (C.D. Cal.), 34:16
– – Workplace relationships, Web insights, 34:167

– Business bias, owner-member of subcontract firm lacked privity to sue (Minn.), 34:540
– 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
– Damages

– – ABM Indus. to resolve EEOC charges that include sexual assaults of female janitors (E.D. Cal.), 35:316
– – Auto dealer's settlement of female employees' claims (D. Colo.), 34:71
– – Automotive supplier (C.D. Ill.) , 34:159
– – Boeing to resolve female engineers' claims (D. Ariz.), 34:189
– – Card room appeals punitives damages and verdict for dealer (Cal. Ct. App.), 35:453
– – Cement firm's firing of female worker who complained of harassment (D. Md.), 35:426
– – Chef's fondling (D. Ariz.), 35:668
– – Condominium firm employee's award (11th Cir.), 34:70; (U.S., rev den), 35:410
– – Consumers Energy order to pay (W.D. Mich.), 35:454
– – Denture provider to pay for affiliated dentist's alleged misconduct (D. Mass.), 34:751
– – Elks Lodge to resolve bartenders' claims (S.D. Ill.), 35:165
– – Food growers cooperative, harassment of Mexican female workers (M.D. Pa.), 35:164
– – Hospital employee to be paid for coworker harassment (Wash. Super. Ct.), 34:634
– – Hotel management firm, harassment of housekeepers (C.D. Cal.), 34:243
– – Library of Congress to resolve claims involving law librarian chief (D.D.C.), 35:285
– – Mayor's sex-themed stories sufficient for verdict (11th Cir.), 35:18
– – Medical clinic, verdict for doctor's treatment of female aides (5th Cir.), 34:45
– – Physical therapist's award for employer's inadequate response upheld (8th Cir.), 35:316
– – Plastics firm to pay female Miss. plant workers (N.D. Miss.), 35:52
– – Plastics manufacturer to resolve claims (W.D. Tex.), 35:474
– – Tyson Foods' liability for female worker's harassment affirmed (6th Cir.), 34:543
– – Waterproofing services firm satisfies claims of mostly female teenage workers (W.D.N.Y.), 34:596
– – Whirlpool's failure to protect employee from coworker, verdict (M.D. Tenn.), 34:19

– Defamation, university employee's countersuit (6th Cir.), 34:178; (U.S., rev den), 35:411
– Disclosure of confidential settlement under open public records law (N.J.), 34:156
– Discovery

– – Dating, employer may ask if claimants “dated” coworkers (D.N.M.), 34:282
– – Psychiatric exam, monitoring client from another room (Cal. Ct. App.), 35:642
– – Restaurant ownership, deposition for waitress (D. Md.), 35:583

– Employee status

– – Law firm's shareholder/director not an “employee” (3d Cir.), 35:109
– – Volunteer firefighters not “employees” (N.D. Ohio), 34:77

– Employer's response

– – American Standard Circuit's male workers may sue when no action taken (N.D. Ill.), 34:165
– – GEO Group, oral reprimand of harasser (11th Cir.), 34:50
– – Industrial supplies distributor's prompt response to plant worker's complaint (8th Cir.), 35:605
– – Mining firm's prompt action (11th Cir.), 35:535
– – Motorola worker's claims rejected, security team investigation (E.D. Pa.), 34:729
– – Occupational therapist's claims, reprimands and firing of harasser (3d Cir.), 34:63
– – Pier 1 worker's claim for coworker's assault, liability based on remedial not anticipatory action (Cal. Ct. App.), 35:505
– – Wal-Mart, reprimands and firing of harasser (11th Cir.), 34:37

– Evidence

– – Burden of proof

See Burden of proof, this heading

– – Direct examination, time limits (Mich. Ct. App.), 35:538
– – “Little homosexual whore” namecalling, firing of harasser based on hearsay upheld (Arb.), 35:196

– Exhaustion of remedies

– – Intake reference to hostile environment not on charge form, no exhaustion (3d Cir.), 34:154
– – OFCCP filing mistake not “constructive filing” with EEOC, equitable tolling applicable (W.D. La.), 35:24

– Gender-specific misconduct of coworkers more than general vulgarity (11th Cir.), 34:117
– Immunity

– – Deputy's sexual assault, sheriff's individual and official immunity (8th Cir.), 34:239
– – District attorney with no authority over worker entitled (10th Cir.), 34:153
– – Intra-military, dual status worker's claims barred by Feres doctrine (9th Cir.), 34:712

– Indemnification, no duty to defend willful conduct of harasser (D. Mass.), 35:544
– Los Angeles considers oversight panel for bias and harassment claims, 35:338
– “Ministerial exception” applies to Catholic Diocese director's claims (10th Cir.), 35:101
– Negligence

– – Physical harm for state training claim (D. Nev.), 35:247
– – Waitress's verdict for supervision overturned, state law as exclusive remedy (Tex.), 34:747

– Notification of allegations not made, DOJ suit against P.R. Dep't (D.P.R.), 35:647
– Pattern or practice claim triable, no numerical threshold (N.D. Ill.), 34:457
– Punitive damages, jury instruction error (9th Cir.), 35:17
– “Refusal to do business,” viability of female contractor's claim (N.J. Super. Ct. App.), 34:68
– Res judicata (Ark.), 34:453
– Severe or pervasive conduct

– – Airport passenger attendant's claim reinstated, female-on-male harassment (9th Cir.), 35:304
– – Animal control probationary worker may sue (N.D. Cal.), 34:602
– – Carpenter's one uncorroboaated incident sufficient to proceed (7th Cir.), 35:279
– – City manager's comments to principal over nearly 3 years insufficient, general vulgarity (11th Cir.), 35:11
– – Firefighter's single prank insufficient (N.D. Ind.), 34:727
– – Food establishments

– – – Buttock smacking of waitress at bar, claim revived (E.D. La.), 35:170
– – – Sonic carhop may sue (M.D. Ga.), 34:285
– – – Waiter's reinstated claim, female boss grabbed his penis (7th Cir.), 34:207

– – Forest Serv. worker's claim rejected, comments about breastfeeding insufficient (D. Colo.), 35:346
– – Judicial review, scope of (Miss. Ct. App.), 35:578
– – Medical personnel

– – – Clinic owner's comments to female doctor about “sluts” and breast size sufficient (4th Cir.), 35:9
– – – Love poems and physical contact by employee's supervisor (W.D. Va.), 35:190
– – – Nurse who was ex-stripper has no claim, remarks insufficient (W.D. Pa.), 35:290

– – Off-color comments insufficient (Arb.), 34:162
– – Park workers but not union may sue (N.D.N.Y.), 34:222
– – Parking attendant's 4 incidents insufficient (8th Cir.), 35:243
– – Personal space encroachment and staring by boss may be sufficient (1st Cir.), 35:418
– – Salespersons

– – – Leering insufficient, rejection of claims (11th Cir.), 35:245
– – – Sears worker's claims related to disciplinary letter, harassment, and constructive discharge (D. Colo.), 34:26

– – Verizon female technician found snake in truck and called “bitch” (2d Cir.), 35:240

– Social media website harassment, prevention advice, Analysis, 35:118
– Spoliation, bad faith not found, no default judgment, adverse inference charge appropriate (D.D.C.), 35:344
– Statutes of limitations

– – Communications professor's claim barred (1st Cir.), 34:326
– – Continuing violation, incidents from 1991 included in city worker's claims (W.D. Wis.), 34:49
– – Purchasing agent's claims related to manager's emails untimely (8th Cir.), 34:587
– – Salesman's lone remark in limit period insufficiently related to past conduct (3d Cir.), 34:741
– – USPS worker's alleged assault, equitable tolling when contact with EEO counselor made after 6 months (5th Cir.), 34:62

– Successor liability, child care firm not liable for actions of predecessor's employee (8th Cir.), 35:389
– Supervisor, manager's conduct “aided by” agency relationship, store assistant's claim revived (4th Cir.), 34:410
– Supremacy Clause, party substitution, new sheriff (4th Cir.), 34:211
– Suspension of male correctional officer, just cause (Arb.), 34:281
– Task force establishment as part of agency's settlement (Cal. Super. Ct.), 34:47
– Third-party harassment, prison liable on inmates' action toward female staff (11th Cir.), 34:590
– Transfers, DOD intelligence officer's Bivens claim against individuals preempted by pending Title VII action (D.D.C.), 34:601
– Waivers, nurse's settlement with hospital upheld despite duress claim related to CEO/estranged husband (6th Cir.), 35:614

SEXUAL ORIENTATION DISCRIMINATION

– Domestic partners

See DOMESTIC PARTNERS

– Employment Non-Discrimination Act

See LEGISLATION, FEDERAL, HR 3017, S 1584

– Long-term care insurance exclusion of state workers' same-sex partners (N.D. Cal.), 34:548
– Nonresident fired for perceived homosexuality may sue (S.D.N.Y.), 34:126
– Promotion denial, air carrier employee's award (Me. Super. Ct.), 35:112
– Same-sex marriage

See SAME-SEX MARRIAGE

– State and local laws

– – Fla., bias ban request by human rights group, 35:666
– – Houston, Tex., bias banned in employment, contracts, and services, 34:453
– – Mo., executive order on bias prohibition, 35:139
– – Va., bias prohibition against state workers, orientation removed from order, 34:217; orientation listed in new directive, 34:338

– Transgendered individuals

See GENDER VARIANCE DISCRIMINATION

SHERIFFS

See LAW ENFORCEMENT EMPLOYEES

SICK LEAVE

– Convalescent location policy, nurse's travel request denial not age bias (6th Cir.), 34:417
– Family and medical leave

See FAMILY AND MEDICAL LEAVE
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Healthy Families Act

See LEGISLATION, FEDERAL, HR 2460, S 1152

– “Without leave” classification due to lack of medical evidence, SSA employee's firing upheld (Fed. Cir.), 34:418

SMALL BUSINESSES

– Work/life integration, best practices, DOL conference, 35:490

SOUTH AFRICA

– Affirmative action laws do not apply to foreign workers, 35:89

SOUTH CAROLINA

– Sexual harassment, manager's conduct “aided by” agency relationship, store assistant's claim revived (4th Cir.), 34:410

SOUTH DAKOTA

– Information and Tech. Bur., disability bias, team leader removal not due to diabetes (8th Cir.), 34:266

SOVEREIGN IMMUNITY

– Age and racial bias, Library of Congress workers not “covered” under Congressional Accountability Act, Capitol Police immune from Title VII claims (D.D.C.), 34:367
– Age bias

– – 11th Amend. bar on suit against state by nurse accused of patient abuse (5th Cir.), 34:10
– – Foreign Sovereign Immunities Act's commercial activity exception based on Taiwanese worker's civil servant determination (S.D. Tex.), 34:396

– Disability bias, county agency not shielded from ADA suit (6th Cir.), 35:72
– Due process, emotional distress, and breach of contract, dismissal of medical resident's claims (W.D. Va.), 34:758
– FMLA

– – Court procurement director's claims (4th Cir.), 35:569
– – University's defense rejected in error (Tex.), 35:77

– Sex bias and retaliation, immunity for governor's aides nullified by GERA (U.S., rev den), 34:66
– Sexual harassment settlement, U.S. Army worker's rescission claim rejected due to lack of immunity waiver (11th Cir.), 35:156

SPAIN

– Pay gap, 2008 survey, 35:89

SPOLIATION

– Arbitration award upheld despite lost evidence, 9-day hearing and long transcript (3d Cir.), 35:401
– Bad faith not found in data destruction, no default judgment, adverse inference charge appropriate (D.D.C.), 35:344
– Doctor's suit against hospital, exclusion of proof of order harmless (Conn. App. Ct.), 34:23

STANDING TO SUE

– Age and racial bias, Library of Congress police group training claims (D.D.C.), 34:367
– Age bias, OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– Business bias, owner-member of subcontract firm lacked privity to sue for sex bias and harassment (Minn.), 34:540
– Juror access for educational interviews by nonparty lawyers' group (10th Cir.), 34:176
– Park workers but not union may sue (N.D.N.Y.), 34:222
– Retaliation, standing to appeal summary judgment but claim estopped (D.C. Cir.), 34:681

STATE AND LOCAL GOVERNMENT

See also specific states
– Family responsibilities bias, barring by local laws, Hastings Coll. of the Law report, 34:18

STATE AND LOCAL GOVERNMENT EMPLOYEES

See specific states
– AFSCME

See STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

– Firefighters

See FIREFIGHTERS

– GERA

See GOVERNMENT EMPLOYEE RIGHTS ACT (GERA)

– Police and sheriffs

See LAW ENFORCEMENT EMPLOYEES

– Qualified immunity

See QUALIFIED IMMUNITY

– Teachers

See generally EDUCATIONAL INSTITUTIONS

STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

– Racial bias and retaliation, dismissal of streets department laborer's fair representation claims upheld (3d Cir.), 35:390
– Racial harassment, reduced suspension for comment (Arb.), 35:509
– Sexual harassment, just cause for suspension of male correctional officer (Arb.), 34:281

STATUTES OF LIMITATIONS

– Age and disability bias, and retaliation

– – Baxter Healthcare worker's claims not filed within 300 days (3d Cir.), 35:331
– – Wage classification pay claim of Interior Dep't worker timely under Ledbetter but proof lacking (2d Cir.), 34:39

– Age and racial bias, and retaliation, city attorney's claims time-barred (3d Cir.), 35:364
– Age and sex bias, promotion denial and EEO consultation, performance appraisal and need for job description (D.C. Cir.) , 34:208
– Age bias

– – Hiring, untrue explanation by firm, late filing allowed (D. Me.), 34:522
– – Insubordination firing for failure to cooperate in investigation upheld, bias claims time-barred (6th Cir.), 34:622
– – Jurisdictional error, proof lacking, no tolling of time limit (Tex.), 34:421
– – Promotion denial claims untimely, Ledbetter law cannot revive (D.C. Cir.), 34:236
– – Relation back doctrine barred for union member's claim (Conn. App. Ct.), 35:314
– – Special education teacher's claims rejected (2d Cir.), 35:609

– Disability and sex bias, lawyer's claims not untimely (D.C.), 34:307
– Disability bias

– – Hospital worker's 7-year delay not excusable (3d Cir.), 35:568
– – University faculty member's claims over office and classrooms barred (5th Cir.), 34:120

– Disability bias and retaliation, timely notice not given by municipal employee (D.C.), 34:539
– Exhaustion of remedies

See EXHAUSTION OF REMEDIES

– National origin and racial bias

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

– National origin and racial bias, and retaliation, Nigerian professor's promotion claims untimely (4th Cir.), 34:267
– 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
– National origin, racial, and sex bias, use of applicants' credit and criminal records, scope narrowed to practices after 2007 (D. Md.), 34:571
– Racial bias

– – Hiring

– – – Chicago black firefighter applicants, charges after test results (U.S., oral arg), 34:255; charge timely, class action revived (dec), 34:615
– – – Nurse's claim (11th Cir.), 34:90
– – – Pa. Corrs. Dep't, rejection of untimely claims (M.D. Pa.), 35:420

– – Maintenance worker's promotion denial claims untimely (5th Cir.), 35:633
– – Pay grade claim of FAA worker (6th Cir.), 34:94
– – Res-Care worker's disparate treatment claims over promotion and tuition untimely (7th Cir.), 35:132
– – Staff attorney program, timeliness of disparate impact and nonpromotion claims (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376
– – 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

– Racial bias and retaliation

– – Continuing violation does not automatically attach to hostile work environment claims (5th Cir.), 34:563
– – Probation counselor's claims untimely (10th Cir.), 35:634
– – Streets department laborer's claims, dismissal upheld (3d Cir.), 35:390

– Retaliation

– – Merck pharmaceutical representative's claim time-barred (5th Cir.), 35:13
– – N.M., continuing violation doctrine (N.M. Ct. App.), 35:576
– – Post-discharge conduct, cancellation of insurance after firing (N.J.), 34:124; Web insights, 34:197

– R.I., time period extension for employment bias lawsuits, 34:98
– Sex and racial bias, equitable tolling possible for pro se litigant due to counsel's conduct (6th Cir.), 34:14
– Sex bias

– – Corporal's claims rejected, many adverse actions time-barred (11th Cir.), 35:104
– – Excusable neglect in untimely filing of extension request for dismissal motion response not shown (8th Cir.), 34:151
– – Pay equity

– – – EPA 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

– Sex bias and Equal Pay Act, Dollar Store manager failed to file within 90 days (5th Cir.), 34:302
– Sexual harassment

– – Communications professor's claim barred (1st Cir.), 34:326
– – Continuing violation, incidents from 1991 included in city worker's claims (W.D. Wis.), 34:49
– – Purchasing agent's claims related to manager's emails untimely (8th Cir.), 34:587
– – Salesman's lone remark in limit period insufficiently related to past conduct (3d Cir.), 34:741
– – USPS worker's alleged assault by coworker, equitable tolling when contact with EEO counselor made after 6 months (5th Cir.), 34:62

STEELWORKERS (USW)

– Fair representation duty, per se exclusion from punitive damages denied (N.M.), 35:48
– Local 1557, sickness and accident benefit denial for rib fracture (Arb.), 35:141

SUBCONTRACTING AND SUBCONTRACTORS

– Business bias, owner-member of firm lacked privity to sue for sex bias and harassment (Minn.), 34:540
– Health care providers

– – Affirmative action obligations for government contractors, Analysis, 34:490
– – Natl. Employment Law Inst., discussion of OFCCP powers, 35:488
– – TRICARE, OFCCP jurisdiction over participating hospital (DOL OALJ), 35:492

SUBJECTS FOR BARGAINING

– Wellness programs as mandatory subject, Congressional Research Serv. report, 35:303

SUBPOENAS

– Racial bias

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

SUBSTANCE ABUSE

See DRUG AND ALCOHOL ABUSE

SUBTERFUGE

– ADEA exception and officer's hiring refusal based on state pension and retirement law (10th Cir.), 34:60

SUCCESSOR EMPLOYERS

– FMLA, balancing of equities test for Dollar Tree's liability to employee of bankrupt retailer (9th Cir.), 35:361
– Pregnancy bias and FMLA, RadioShack worker's claim barred by laches (6th Cir.), 35:216
– Sexual harassment, child care firm not liable for actions of predecessor's employee (8th Cir.), 35:389

SUMMARY JUDGMENT

– ADA Amendments Act, fewer cases will be dismissed, seminar, 35:432
– Burden of proof

See BURDEN OF PROOF

– Deadline for response, firefighters penalized (11th Cir.), 34:507
– Exhaustion of remedies is jurisdictional not affirmative defense, summary judgment dismissal improper (10th Cir.), 35:470
– Motion to amend complaint, treatment of new claims (5th Cir.), 34:685
– Natl. Employment Lawyers Ass'n, tips from plaintiffs' attorneys, 35:30

SUPERVISORS

– Religious bias, poultry processing firm manager failed to show bias, worker had no prior experience (11th Cir.), 34:625
– Retaliation, individual liability (Ark.), 35:578
– Sexual harassment, manager's conduct “aided by” agency relationship, store assistant's claim revived (4th Cir.), 34:410
– Wrongful discharge, medical center worker cannot sue supervisor, piercing corporate veil (W.D. Va.), 35:190

SUPREME COURT, U.S.

– Age bias

– – “Normal retirement age” defined by pension plan sponsors (rev den), 34:257
– – Nursing aides denied rehire for refusal to work extra shift (rev den), 35:411
– – Reasonable factor other than age defense. disparate impact claim (rev den), 35:451

– Attorneys' fees

– – Civil rights claims under §1988 (rev grant), 35:518
– – Foster children's civil rights class action, superior performance enhancement for §1988 claims (dec), 34:470
– – Punitive damages, calculation (rev den), 35:519

– Class arbitration claims

– – Imposition when pact silent in error (dec), 34:499; unresolved questions, BNA Insights, 35:90
– – Wage and hour claims, waiver unconscionable (rev den), 34:67
– – Wireless telephone services, invalidation of waiver as unconscionable (rev grant), 34:617; lawyers discuss, 35:409; (oral arg), 35:536

– Disability bias

– – Coal miner's “regarded as” claim, no proof that company thought him limited (rev den), 34:123
– – Hearing aid ban for court officers undergoing mandatory hearing tests, business-necessity defense (rev den), 34:94
– – Independent contractors, physician fired after condition disclosed may sue under Rehabilitation Act (rev den), 34:746
– – US Airways worker's claims arising after bankruptcy confirmation not discharged (rev den), 35:411

– Equal Pay Act, nurse practitioners, pay differential between NPs and male physician assistants (rev den), 35:410
– Political beliefs, composition of court, 35:549
– Racial bias

– – Arbitration, court's authority to make threshold unconscionability determination for Rent-A-Center manager's claims (oral arg), 34:469; delegation provision in pact, arbitrator to rule (dec), 34:739
– – “Cat's paw” liability for hospitals' parent firm and staffing agency rejected (rev den), 35:411
– – Class actions, steel plant employees' less stringent evidentiary test for certification (rev den), 34:272
– – Deere employee with lifting restriction did not prove bias (rev den), 34:471
– – Pro se plaintiff's “willful” discovery rule violations, dismissal (rev den), 35:411
– – Timeliness of charges filed by black Chicago firefighter applicants after test results (oral arg), 34:255; charge timely, class action revived (dec), 34:615

– Religious bias, auto worker objector required to pay charity amount equal to union dues (rev den), 34:419
– Retaliation

– – Conflict of interest of judge, researcher's claims over grants (rev den), 35:411
– – 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
– – Protected activity, fiancee filed bias complaint, DOJ opposes claim for worker's firing (amicus brief), 34:686; (rev grant), 35:28; lawyers discuss, 35:409; (oral arg), 35:629
– – United Airlines ramp supervisor's counseling letters, pretext not shown (rev den), 35:411

– Review denied, case summaries, 34:67; 34:123; 34:257; 34:272; 34:471; 34:594; 35:411; 35:519
– Sex bias and retaliation, immunity

– – GERA nullifies immunity for governor's aides (rev den), 34:66
– – United Nations and officials shielded (rev den), 35:410

– Sex bias, Wal-Mart female employees may pursue nationwide claims (rev sought), 35:255; opposition to review (brief filed), 35:485; (rev grant), 35:597
– Sexual harassment, condominium firm employee's award on harassment and battery claims (rev den), 35:410
– USERRA, “cat's paw” liability, Army Reservist hospital technician's verdict reversed where threshold evidence of “singular influence” on decisionmaker required (rev grant), 34:470; lawyers discuss, 35:409; (oral arg), 35:518

SUSPENSIONS

– Racial harassment, reduced discipline for comment (Arb.), 35:509
– Retaliation, action against USPS worker adverse despite rescission (2d Cir.), 34:42
– Sex bias, arbitral finding of breast grabbing inadmissible (E.D.N.Y.), 35:582
– Sexual harassment

– – GEO Group, action taken 5 days after harassment complaint (W.D. Wash.), 34:50
– – Just cause for discipline of male correctional officer (Arb.), 34:281

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