Employment Discrimination Report Index-Summary

WAGES AND SALARIES

– Age, racial, and sex bias, and retaliation, principal's unfavorable treatment claims related to bargaining pact (2d Cir.), 34:714
– Class arbitration waiver for wage and hour claims unconscionable (U.S., rev den), 34:67
– Flexible work schedules, pay cut reduction preference, poll, 35:360
– FMLA, coaching pay supplemental during absence (6th Cir.), 34:209
– Global compensation strategies, Web insights, 34:197
– National origin bias and retaliation, preemption by NLRA and LMRA, Russian immigrants' claim related to pact revived, American workers allegedly treated better (2d Cir.), 34:713
– Pay equity

See PAY EQUITY
– – Equal Pay Act claims

See EQUAL PAY ACT (EPA)

– – Lilly Ledbetter Fair Pay Act

See LILLY LEDBETTER FAIR PAY ACT

– Pensions

See CASH BALANCE PLANS

– Racial bias

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

– Sex bias

– – Bank of Am. and Merrill Lynch female financial advisors file class action (E.D.N.Y.), 34:458
– – Communications professor's pay raise claim (1st Cir.), 34:326
– – Goldman Sachs, class action filed on behalf of female professionals (S.D.N.Y.), 35:346
– – Merrill Lynch's Advisor Transition Program, female advisor's claim devoid of detail (S.D.N.Y.), 34:484

– Systemic litigation

– – EEOC Comm'r Ishimaru discusses initiative at D.C. Bar session, 34:670
– – Employer guidance, BNA Insights, 35:620
– – Natl. Employment Law Inst. briefing, strategies, 35:486

WAIVERS

– Age bias

– – Cash balance plans, Bankcorp plan, ERISA prohibition against benefit accrual rate reduction (8th Cir.), 34:43
– – 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

– Arbitration

– – CEO's electronic acknowledgment (N.J. Super. Ct. App. Div.), 34:754
– – Class actions

– – – Credit card interest increase, courts not arbitrators decide whether bar on class relief unconscionable (3d Cir.), 34:599
– – – Student loan fees, waiver unconscionable (2d Cir.), 35:141
– – – Truck repossession and deficiency, separate tests for waiver for unconscionability and statutory rights (Cal. Ct. App.), 34:598
– – – Wage and hour claims, release unconscionable (U.S., rev den), 34:67

– – National origin and sex bias, and FMLA, CitiFinancial employee's promotion and constructive discharge claims compelled, no waiver (D. Colo.), 34:280
– – Paramedics did not accept ADR, no knowing voluntary waiver (6th Cir.), 34:545
– – Wireless telephone services, invalidation of waiver as unconscionable (U.S., rev grant), 34:617

– Disability bias, psychotherapist-patient privilege waiver (10th Cir.), 34:183
– OWBPA claim, no standing to sue, fired Accenture workers did not sign releases (D. Minn.), 35:373
– Retaliation

– – Staff privileges, doctor has no claim for nonrenewal (3d Cir.), 35:601
– – USDA worker's claims arising before settlement barred (1st Cir.), 35:133

– Sexual harassment settlements

– – Army worker's rescission claim rejected due to lack of jurisdiction, no sovereign immunity waiver (11th Cir.), 35:156
– – Nurse's release of claim against hospital upheld despite duress claims related to CEO/estranged husband (6th Cir.), 35:614

WASHINGTON

– Centro Latino SER, national origin, racial, and sex bias, and retaliation, fired family services director may sue (W.D. Wash.), 35:478
– Corrs. Dep't, sex BFOQ, opinion letter not reviewable (Wash. Ct. App.), 35:138
– Eastmont Sch. Dist., sex and national origin bias, and retaliation, variable rate for post-judgment interest (Wash. Ct. App.), 34:156
– Religious organization exemption upheld as constitutional (Wash. Ct. App.), 35:161
– Social & Health Servs. Dep't, sexual harassment, hospital employee to be paid for coworker harassment (Wash. Super. Ct.), 34:634
– Vancouver, national origin and racial bias, writ of mandamus issued, nonappealable order to produce documents covered by attorney-client and attorney-work product privilege (9th Cir.), 34:635
– Yakima, disability bias, FMLA, retaliation, “prophylactic” fitness test for officer with “volatile” behavior, claims rejected (9th Cir.), 35:128

WEB INSIGHTS

– Summaries, 34:141; 34:167; 34:197; 34:377; 34:403

WEIGHT DISCRIMINATION

– Karate teacher's local bias claim remanded, ADA retaliation and state claims properly dismissed (2d Cir.), 34:591; remand, jurisdiction declined (E.D.N.Y.), 35:538
– Prescription drug, side effects for obese worker covered under ADA when medically necessary (3d Cir.), 34:474

WEST VIRGINIA

– Age bias, new trial denial despite excluded evidence (W.Va.), 35:578
– Marshall County Comm'n, disability bias, rejected blind applicant, discovery of audio recording (W. Va.), 34:218
– National origin bias, demotion for profanity (W.Va.), 34:660
– Sex bias

– – Health care facility worker (W.Va.), 35:16
– – Shift supervisor's firing for failure to enforce harassment policy (W.Va.), 35:613

WHISTLEBLOWERS

– Retaliation

See RETALIATION

WISCONSIN

– Madison Area Tech. Coll., marital status and racial bias, hiring refusal (7th Cir.), 35:570
– Madison, sexual harassment, incidents from 1991 included in worker's claims as continuing violation (W.D. Wis.), 34:49
– Sheboygan County, FMLA, fired administrative assistant may sue (7th Cir.), 34:585
– Somerset Sch. Dist., disability bias, seasonal affective disorder, windowed room denial (W.D. Wis.), 35:453
– Workforce Dev. Dep't, Equal Pay Act, male comparator evidence lacking (W.D. Wis.), 35:545

WITNESSES AND TESTIMONY

– Burden of proof

See BURDEN OF PROOF

– Class action certification, use of experts

– – Circuit-by-circuit overview, Daubert scrutiny of proof, BNA Insights, 35:433
– – Dukes v. Wal-Mart impact, Analysis, 35:256

– Disability bias, karate instructor's local claims remanded, testimony improperly excluded as hearsay (2d Cir.), 34:591; remand, jurisdiction declined (E.D.N.Y.), 35:538
– National origin and racial bias, exclusion of attorney settlement correspondence and denial of full testimony transcripts not reversible error (6th Cir.), 34:625
– Racial bias

– – Hearsay exception, statement by supervisor about past bias buttresses USPS worker's claims (E.D. Pa.), 34:428
– – Statistical expert to support pattern or practice claim Hispanics favored over African Am. workers (W.D. Tenn.), 34:694

– Retaliation

– – Employee named as witness in coworker's charge (D. Ariz.), 34:224
– – Perjury requested by employer, lottery workers' award (Ky.), 34:542

– Sex bias and retaliation, Officer's claim over assignment denial, excluded testimony prejudicial and not probative (7th Cir.), 34:40
– Sexual harassment and retaliation, direct examination, time limits (Mich. Ct. App.), 35:538
– Sexual harassment, coworker testimony about their harassment relevant (4th Cir.), 34:211

WOMEN

– Affirmative action

See AFFIRMATIVE ACTION

– Family leave

See FAMILY AND MEDICAL LEAVE; FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Pay equity

See EQUAL PAY ACT (EPA)

– Sex discrimination

See SEX DISCRIMINATION

– Sexual harassment

See SEXUAL HARASSMENT

– Unmarried women's security and recent legislation, Center for Am. Progress report, 34:325
– Work/life programs

– – Federal workforce diversity, OPM report, 34:710
– – Small businesses, best practices, DOL conference, 35:490

WORK ASSIGNMENTS

– Age bias

– – Adjuster given additional territory for new office could not show adverse action (11th Cir.), 35:393
– – Foreign service worker's denial due to retirement requirements (D.D.C.), 35:457

– Demotions

See DEMOTIONS

– Disability and racial bias, no bias in denial receptionist job to legal secretary (D.C. Cir.), 35:39
– Disability bias, team leader removal not due to diabetes (8th Cir.), 34:266
– Pregnancy bias, janitorial services contractor for IKEA sued by civil rights group (N.D. Cal.), 35:375
– Racial and sex bias, home builder to pay sales employees for assignments (N.D. Ga.), 35:51
– Racial bias

– – Interracial marriage, white woman's disparate treatment claims fail, verdict reversed (10th Cir.), 34:204
– – Patient's racial preference, employer's endorsement as harassment (7th Cir.), 35:130
– – Sears kitchen consultant failed to prove bias (11th Cir.), 35:244
– – Staff attorney program, timeliness (D.D.C.), 34:220; rejection of firm's motion to dismiss, 35:376
– – US Airways workers' class action (E.D. Pa.), 34:132

– Reassignments

See TRANSFER OF EMPLOYEES

– Religious bias, county clerk denied excusal in registering same-sex couples (D. Or.), 35:405
– Retaliation

– – Field training duties denial was adverse, officer's claim reinstated (5th Cir.), 35:283
– – HUD ALJ's marginalization complaint (D.D.C.), 34:251
– – Nurse's decreased responsibilities without paycut insufficient for claim (11th Cir.), 34:90
– – Pre-Burlington standard applied to past incidents, reversal of qualified immunity for officers (11th Cir.), 34:412

– Sex bias

– – Nurse's intent to file claim over hours, no summary judgment when factual dispute (W.D. Pa.), 35:290
– – Verizon female technician's claims revived (2d Cir.), 35:240

– Sex bias and retaliation

– – Corporal's claim over assignment denial, no error in jury instructions and evidentiary rulings (7th Cir.), 34:40
– – Forest Serv. worker's claims rejected, assignment change not adverse (D. Colo.), 35:346

WORK/LIFE ISSUES

– Center for Am. Progress and Center for WorkLife Law report on conflicts, 34:115
– Federal employees, diversity, OPM report, 34:710
– Men's roles in workplace flexibility, panel discussion, 35:359
– Small business, best practices, DOL conference, 35:490

WORK SCHEDULES

– Flexible

See FLEXIBLE WORK SCHEDULES

– Hours of work

See HOURS OF WORK

WORKERS' COMPENSATION

– Breach of settlement claim by USPS worker (8th Cir.), 35:215
– Disability bias

– – Class action settlement distribution, Sears' leave policy (N.D. Ill.), 34:189
– – Global settlement, Sears employee (Cal. Ct. App.), 35:506

– Retaliation, battery plant unable to perform job, firing not due to possible claim (D. Kan.), 35:516

WORKING CONDITIONS

– Restroom accessibility, wheelchair user's ADA and state claims (S.D. Fla.), 34:27

WRONGFUL DISCHARGE

– Discriminatory basis for

See specific types of discrimination

– ERISA does not preempt Wells Fargo employee's state claim (C.D. Cal), 34:191
– Ga., fired medical worker could not show race bias as at-will exception (11th Cir.), 35:421
– Public policy, against

See PUBLIC POLICY

– Tenn., common law claim for bias rejected (E.D. Tenn.), 35:246