Employment Discrimination Report Index-Summary

TAIWAN

– Taipei Econ. and Cultural Representative Office, age bias, Foreign Sovereign Immunities Act's commercial activity exception based on civil servant determination (S.D. Tex.), 34:396

TARDINESS

– Racial bias, freight handler's firing claim reinstated (8th Cir.), 34:300

TAXATION

– Arbitration award withholding by employer, prohibition (S.D. Tex.), 34:664
– Defamation, frozen food firm may sue protesters for claiming “racist firings” of workers for invalid taxpayer numbers (Cal. Ct. App.;), 35:612
– IRS proposed rule on gross income exclusion of damages, hearing, 34:174
– Retaliation, mediation communications confidential, proof lacking that tax filing concerning settlement was retaliatory (Cal. Ct. App.), 35:313
– Wellness programs, compliance with code, Congressional Research Serv. report, 35:303

TEAMSTERS (IBT)

– Local 117, sex bias, opinion letter about BFOQ at women's prison not reviewable (Wash. Ct. App.), 35:138
– Local 559, age bias, relation back doctrine barred (Conn. App. Ct.), 35:314

TELECOMMUTING

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Disability bias and retaliation

– – EAP counselor's accommodation request was stray remark (8th Cir.), 35:271
– – Human resources employee could only work at home, nonpromotion claims (E.D. Wash.), 35:645

– Hospital manager's onsite attendance, accommodation denial (S.D Ohio), 34:317
– Salesman who lost an eye denied accommodation during recovery may sue (D. Ariz.), 34:550
– SSA employee's firing upheld, telework not reasonable due to secure location need (Fed. Cir.), 34:418
– Wage reduction preference for flexibility, poll, 35:360

TEMPORARY AGENCIES

– Age, national origin, racial, and sex bias, staffing firm to pay for biased referral decisions (N.D. Ohio), 35:195
– National origin and racial bias, and retaliation, warehouse referrals charges (W.D. Tenn.), 35:248
– Racial bias

– – “Cat's paw” liability rejected (11th Cir.), 34:508; (U.S., rev den), 35:411
– – Statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694

– Racial bias and retaliation, staffing firm to pay white worker (N.D. Ga.), 34:750
– Religious bias, agency's nonreferral of Muslim workers with headwear due to safety ban (8th Cir.), 34:383

TEMPORARY EMPLOYEES

– Disability bias, transfers, vacant position defined, job filled by temporary worker not open (10th Cir.), 34:711

TENNESSEE

– Disability bias, bipolar technician fired for web surfing and Manson poster (M.D. Tenn.), 34:17
– English language in workplace, business necessity, law signed, 34:748
– Memphis Sexual Assault Resource Center, age bias, travel request denial due to sick leave convalescent location policy (6th Cir.), 34:417
– Nashville and Davidson County

– – Age and racial bias, and retaliation, FMLA, head coaching wage supplement during absence, reappointment denial (6th Cir.), 34:209
– – Racial bias, mandamus and new trial orders, disparate impact claims of county workers (6th Cir.), 34:743
– – Retaliation, school employee fired after cooperating with investigation (M.D. Tenn.), 34:159

– Negligence per se and common law wrongful discharge claims rejected (E.D. Tenn.), 35:246
– Probation and Parole Dep't, retaliation, causal connection and knowledge of protected activity unproven (6th Cir.), 35:136
– Retaliation, public policy claim, McDonnell burden-shifting test for summary judgment rejected (Tenn.), 35:367

TENURE

– National origin bias, Taiwanese faculty member with accent (11th Cir.), 34:720

TERMINATION OF EMPLOYMENT

– RIFs

See REDUCTIONS IN FORCE (RIFs)

TESTING

– Age bias

– – San Francisco officers' putative class promotion denial claims rejected, shortcomings in statistical analysis (N.D. Cal.), 35:343
– – Swim test, 71-year-old lifeguard's firing (E.D.N.Y.), 35:457

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

– – Depressed dispatcher fired after failed fitness exam, claims rejected (8th Cir.), 35:67
– – “Prophylactic” fitness test for officer with “volatile” behavior (9th Cir.), 35:128

– Drug and alcohol

See DRUG AND ALCOHOL TESTING

– Medical examinations

See MEDICAL EXAMINATIONS

– National origin and racial bias, NYC firefighters

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

– National origin bias

– – Court costs, Hispanic and Asian workers excused from payment despite employer verdict on written test (E.D. Cal.), 34:455
– – EEOC Comm'r Ishimaru considers scrutiny of English fluency tests, 35:548
– – Peremptory strikes to remove Hispanic jurors on English exam case, verdict reversal (9th Cir.), 34:425

– Pregnancy bias, certification for firearms, security guards at Army posts, settlement (D. Kan.), 35:640
– Racial bias

– – 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 tests may intervene (2d Cir.), 34:565
– – Discovery, third-party testing data for grocery chain's hiring, production compelled (3d Cir.), 35:323
– – N.J. civil service sued for impact of police sergeant promotion exam (D.N.J.), 34:136

– Sex bias

– – Class action certification for female applicant's fitness test claim, mootness issue (D. Conn.), 34:101
– – Trucker fired after failing, injured male workers not tested (4th Cir.), 34:476

TEXAS

– Age bias, proof of unintentional jurisdictional error lacking, no tolling of time limit (Tex.), 34:421
– Age, national origin, and sex bias, and constructive discharge, warden investigated for misconduct, forced retirement (5th Cir.), 35:532
– A&M Univ.

– – National origin, racial, and sex bias, and retaliation, Native Am. lawyer may proceed only proceed on sex bias claim (S.D. Tex.), 34:665
– – Prairie View, national origin and racial bias, Ledbetter Act applies to pay claims' limit periods (Tex. Ct. App.), 34:452

– Arlington, FMLA, firefighter's judgment void due to bankruptcy misrepresentations (5th Cir.), 35:369
– Beaumont, sex bias, officer denied promotion, damages and fees upheld, future damages rejected (5th Cir.), 35:317
– Dallas County, racial bias, prosecutors fired for job performance

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

– Dallas, retaliation, field training duties denial was adverse, officer's claim reinstated (5th Cir.), 35:283
– Houston

– – National origin bias and retaliation, planner laid off during reorganization (5th Cir.), 35:422
– – Sexual orientation and gender identity bias in employment, contracts, and services, ordinance bans, 34:453
– – Spring Branch Indep. Sch. Dist., national origin and racial bias, hiring claim of Asian custodial supervisor who has not bilingual (8th Cir.), 35:451

– Negligent and supervision claims verdict overturned, state law as exclusive remedy for harassment (Tex.), 34:747
– Reeves County, racial bias, probation officer's firing for failure to follow consultant's recommendations (5th Cir.), 34:122
– University of

– – FMLA, error to reject sovereign immunity defense (Tex.), 35:77
– – Racial and religious bias, verdict for Muslim doctor (N.D. Tex.), 34:691
– – Religious bias, disparate treatment claimed by fired employees who held prayer session (N.D. Tex.), 35:171

– Woodlands Christian Acad., arbitration pact requiring biblically based mediation enforceable (Tex. App.), 35:508

THREATS

– Age and sex bias, social worker threatened to kill supervisor (10th Cir.), 35:449
– Racial bias and retaliation, driver fired for threats, no bad faith (10th Cir.), 34:717
– Retaliation

– – Advocacy firm to pay employees who were threatened and fired after bias charge (D. Ariz.), 34:692
– – Ford worker's homicidal feelings and zero tolerance policy (S.D. Ohio), 35:482

– Sexual harassment

– – Nurse's settlement with hospital upheld despite duress claim related to CEO/estranged husband (6th Cir.), 35:614
– – Secretary's claim revived, threats may be “because of sex” (2d Cir.), 35:39

TIME LIMITS

See STATUTES OF LIMITATIONS

TITLE VII DISCRIMINATION

– National origin bias

See NATIONAL ORIGIN DISCRIMINATION

– Racial bias

See RACIAL DISCRIMINATION

– Religious bias

See RELIGIOUS DISCRIMINATION

– Retaliation

See RETALIATION

– Sex bias

See SEX DISCRIMINATION

TORTS

– Assault and battery

See generally VIOLENCE

– Defamation

See DEFAMATION

– Emotional distress

See EMOTIONAL DISTRESS

– Negligence

See NEGLIGENCE

– Wrongful discharge, state claims

See specific states

TRAINING

– Age and racial bias, standing of Library of Congress police group and claims ripe for review (D.D.C.), 34:367
– Cal., anti-harassment, Web insights, 34:403
– Disabled persons, DOL employment initiative grants, 35:209; awards to 9 states, 35:387
– EEOC outreach, Comm'r Feldblum's goals, 34:698
– Hiring, skills requirements and disparate impact claims, EEOC opinion letter, 35:203
– Language requirements, DOL memo and multilingual workplace challenges, Special Report, 34:762
– Litigation prevention, Web insights, 34:377
– Negligence

– – Deputy sexually assaulted females, sheriff's official and individual immunity (8th Cir.), 34:239
– – Physical harm for state claim (D. Nev.), 35:247

– Pathways Advancing Career Training Act

See LEGISLATION, FEDERAL, HR 2074

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182, S 3772

– Pregnancy bias, human resource specialist's verdict vacated (D. Kan.), 35:640
– Racial bias, US Airways workers' class action (E.D. Pa.), 34:132
– Religious bias and retaliation, exclusion of after-acquired evidence about decertification (3d Cir.), 34:238
– Sex bias, Southwestern Bell technician's insubordination firing for refusal of class (10th Cir.), 34:183

TRANSFER OF EMPLOYEES

– Age and disability bias, diabetic worker's reassignment upheld, he was not otherwise qualified as plant operator (10th Cir.), 34:715
– Age bias

– – Maintenance supervisor fired after buyout may sue despite lateral transfer (D. Me.), 34:578
– – Officer's rescinded move not bias (7th Cir.), 35:661
– – OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– – Solid waste disposal firm to pay class claimants (D. Nev.), 35:398

– Demotions

See DEMOTIONS

– Disability and pregnancy bias, claims of female welder involuntarily reassigned revived (6th Cir.), 35:213
– Disability bias

– – Counselor with post-polio issues reassigned to lab, forced quit claim revived (10th Cir.), 34:181
– – Dean of students had no claim for lateral move and diabetes not disability (E.D.N.C.), 35:83
– – DOD denial of security specialist's request improper (EEOC), 34:462
– – Reassignment not required, coworker's promotion right under bargaining pact overrides (Ohio Ct. App.), 34:659
– – Reporting delay by hospital worker making request (D.C. Cir.), 34:61
– – Vacant position defined, job filled by temporary worker not open (10th Cir.), 34:711

– Disability bias and retaliation, teacher's retaliation claim for reassignment after brain surgery reinstated (2d Cir.), 35:8
– Equal protection, racial bias, and retaliation, teacher's possible lateral move due to surplussing not adverse, but equal protection claim based on staff racial balancing policy survives (S.D. Ohio), 34:608
– FMLA and racial bias, legal secretary's denial not due to bias complaint or leave (D.C. Cir.), 35:39
– National origin and racial bias, proof problems with math teacher's claims (2d Cir.), 34:327
– Pregnancy bias

– – Knowledge of condition lacking (7th Cir.), 34:119
– – Social worker denied another job (D. Md.), 35:481

– Racial bias

– – Hospital food supervisor's claim revived (6th Cir.), 34:509
– – Secret Serv. agent's reassignment due to mismanagement not bias (D.D.C.), 34:666
– – UPS worker's reassignment not adverse (5th Cir.), 34:305

– Religious bias, “Traditional Christian” newspaper writers' claims, proof lacking (7th Cir.), 34:12; need for job descriptions, Web insights, 34:167
– Retaliation

– – 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
– – USPS letter carrier's protected activity 11 months after disability grievance (3d Cir.), 34:38

– Sex bias and retaliation

– – Public defender's claims (S.D. Cal.), 34:75
– – Security firm employee's evidence lacking (7th Cir.), 35:305

– Sex bias, FAA manager's lateral transfer, adverse action (D.C. Cir.), 34:35
– Sex bias, harassment, retaliation, and due process, DOD intelligence officer's Bivens claim against individuals preempted by pending Title VII action (D.D.C.), 34:601
– Sexual harassment and retaliation, fire department took corrective action, no pecuniary loss on transfer (N.D. Ind.), 34:727

TRANSGENDERED INDIVIDUALS

– Discrimination

See GENDER VARIANCE DISCRIMINATION

TRANSSEXUALITY

– Gender variance bias

See GENDER VARIANCE DISCRIMINATION

TRAVEL AND TRANSPORTATION EXPENSES

– Convalescent location sick leave policy, nurse's travel request denial not age bias (6th Cir.), 34:417
– Mileage reimbursement delay not significant harm for retaliation claim (10th Cir.), 35:634

TRIAL PRACTICE

– Administrative hearing procedure guidance, EEOC Training Inst., 35:377
– American Ass'n for Justice, release of legislative agenda, 34:87
– Appeals

See APPEALS

– Complaints

See COMPLAINTS AND CHARGES

– Consent decrees

See CONSENT DECREES

– Defenses

See DEFENSES

– Direct examination, time limits (Mich. Ct. App.), 35:538
– Motions

See MOTIONS

– Natl. Employment Law Inst. briefing, OFCCP audits, pay bias, and disabled workers, 35:486
– Settlement agreements

See SETTLEMENTS

– Supremacy Clause, party substitution (4th Cir.), 34:211
– Upper Midwest Employment Law Inst., judge give practical strategy tips, 34:671

TUCKER ACT

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

TUITION ASSISTANCE

See EDUCATION ASSISTANCE