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AAUP

See AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS (AAUP)

ABA (AMERICAN BAR ASSOCIATION)

See CONFERENCES AND MEETINGS; specific subject headings

ABILITY TESTING

– Sex bias, fitness tests for female applicants, class certification (D. Conn.), 109

ABSENCES FROM WORK

– Attendance

See ATTENDANCE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE

– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Leaves

See LEAVE; specific types of leave

ABSENT WITHOUT LEAVE

See ATTENDANCE

ACADEMIC INSTITUTIONS

– Colleges

See COLLEGES AND UNIVERSITIES

– Elementary and middle schools

See PRIMARY AND SECONDARY SCHOOLS

– High schools

See PRIMARY AND SECONDARY SCHOOLS

– Universities

See COLLEGES AND UNIVERSITIES

ACCENTS

See generally ENGLISH-ONLY RULES

ACCIDENTAL DEATH AND DISABILITY INSURANCE (AD&D)

– Same-sex domestic partners, Obama memo, benefits to federal workers' partners and children, 665; GSA interim rule adopts OPM definition of domestic partners and families, 1298; HRC partnership to launch educational campaign about lack of benefits, 1368

ACCIDENTS

– AD&D

See ACCIDENTAL DEATH AND DISABILITY INSURANCE (AD&D)

– Disability benefits

See DISABILITY BENEFITS

– Fatalities

See FATALITIES

– Injuries

See INJURIES AND ILLNESSES

– OSHA investigations

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Prevention

See OCCUPATIONAL SAFETY AND HEALTH

– Workers' compensation

See specific states
– – FECA

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

ACCOMMODATION

– Disabilities

See REASONABLE ACCOMMODATION
– – State laws

See DISABLED EMPLOYEES

– Pregnancy

See PREGNANCY DISCRIMINATION

– Reasonable

See REASONABLE ACCOMMODATION

– Religious practices

See RELIGIOUS DISCRIMINATION

ACCOUNTANTS

– PricewaterhouseCoopers, Alaska state workers, loss of pension plan personal data, identity theft insurance, 298
– Sex bias, selection of man, forced to train after selection, pretext (10th Cir.), 239

ACCOUNTING

– AICPA, 403(b) plans, frequently asked questions, EBSA will accept modified auditors' reports, 295
– GASB

See GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB)

– Public pension plans, basic economic principles violated, advisers do not know pension liabilities, 1155

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADA AMENDMENTS ACT (ADAAA)

– Law

See AMERICANS WITH DISABILITIES ACT (ADA)

ADAAA

See AMERICANS WITH DISABILITIES ACT (ADA)

AD&D

See ACCIDENTAL DEATH AND DISABILITY INSURANCE (AD&D)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADMINISTRATIVE LAW JUDGES (ALJs)

See JUDGES

ADMINISTRATIVE PROCEDURE ACT (APA)

– Outside political activity, CBP officer denied service on Tex. city council, exhaustion for 1st Amend. claim (D.D.C.), 681
– Promotions, CSRA exclusive avenue for claims for denial (D.C. Cir.), 128
– UMTA, DOL certification of Colorado Springs, Colo. pact with ATU Local 19 (10th Cir.), 165

ADOPTION EXPENSES

– Same-sex domestic partners, Obama memo, benefits for federal workers' partners and children, 665; GSA interim rule adopts OPM definition of domestic partners and families, 1298; HRC partnership to launch educational campaign about lack of benefits, 1368

ADR

See ALTERNATIVE DISPUTE RESOLUTION (ADR)

ADVERSE ACTIONS

– Disciplinary

See specific types of adverse actions

AFFILIATION OF UNIONS

– AFL-CIO

See AFL-CIO

– Change to Win, FEHBP drug benefit programs not offering lowest prices to enrollees, report, 173
– Federal Workers Alliance, advancing workers' interests, AFGE and NTEU excluded, 62
– NEA and AFL-CIO, labor solidarity pact extension, 209
– SEIU Healthcare Florida, 1199 SEIU United Healthcare Workers East merger approved, 780

AFFIRMATIVE ACTION

– Ariz., proclamation implementing ballot initiative banning preferences signed, 1494
– Diversity

See DIVERSITY

– Veterans Employment Initiative, new OPM office, 1333

AFGE

See GOVERNMENT EMPLOYEES (AFGE)

AFL-CIO

– Advisory Cmte. on Occupational Safety and Health, Kojola appointed, 1210
– BNA roundtable, emphasis on economy for all differentiates administration, Trumka, 819
– Exec. Council mid-winter meeting, Ark. Lieutenant Gov. endorsed, Lincoln opposed EFCA, 269; membership, annual report, 269
– NEA affiliation, labor solidarity pact extension, 209
– Pa., partnership with Pa. State Education Ass'n, to build stronger, more unified labor movement, 299

AFSCME

See STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

AFT

See TEACHERS (AFT)

AFTER-ACQUIRED EVIDENCE

– Misconduct, Mich. worker denied job after disability bias claim, improper VA benefits, remedy stage (D. Me.), 1034

AGE DISCRIMINATION

– Ed. Note: Bias claims in this heading relate to state law claims only. For cases involving ADEA or combined ADEA and state law claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).
– Case Notes, 723
– Joblessness, higher unemployment levels, trouble finding new jobs, obstacles to claims, EEOC public meeting, 1384
– Md., Laurel official, return after heart attack, notice of claim mandatory (Md. Ct. Spec. App.), 760
– N.J., hiring and promotions of workers over 70, contract nonrenewal coverage (N.J.), 758
– N.Y., state law mixed-motive theory of liability (S.D.N.Y.), 190
– Pa., white corrections officer, excessive force against black inmate, firing bias (M.D. Pa.), 717
– Prohibited practices, MSPB reexamining, earlier findings summary, 735
– Vt., state troopers, mandatory age 55 retirement, state constitution common benefits clause (Vt.), 893

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Ed. Note: This heading includes federal and combined federal and state law claims. For cases involving state law claims only, see AGE DISCRIMINATION.
– Affirmative defense, EEOC proposed rule, reasonable factors other than age defined, 205; attorney insights, 283
– Case Notes, 1168
– Contract nonrenewal, Utah teacher, money savings as pretext (10th Cir.), 74
– Demotion, Philadelphia city employment attorney, timely filing (3d Cir.), 1163
– Disparate impact, knowledge, skills, or abilities to learn quickly for hiring, EEOC letter, 910
– Early retirement, assistant U.S. attorney denied re-hire based on age, EEOC order, DOJ compliance (9th Cir.), 709
– Early retirement, Minn. Corrections Dept., age 55 mandate, paid health benefits eligibility (D. Minn.), 502; damages ordered, pay insurance premiums until 65 or re-enroll in health and dental plans, 706
– Exhaustion

– – EEOC questionnaire, timeliness, Okla. probation counselor, jobless benefits, mileage reimbursement delay (10th Cir.), 1463
– – Scheduling, breaks, and investigatory interviews, postal worker, final EEO ruling (5th Cir.), 1277

– Federal workers, mixed-motive claims, private sector limits (D.C. Cir.), 1503
– 5th Amend., Ohio county fiscal office worker fired for refusal to cooperate with security investigation, timeliness, due diligence (6th Cir.), 680
– Job elimination

– – One-person police force claim (M.D. Pa.), 1339
– – Remaining as substitute or transfer, N.Y.C. teacher forced to choose (2d Cir.), 475

– Joblessness, higher unemployment levels, finding new jobs, obstacles to claims, EEOC public meeting, 1384
– Law enforcement exception, reliance on Okla. pension and retirement law, applicant for police force over 45 (10th Cir.), 102
– Limitations period, Interior Dept. worker claims timeliness, retroactive application (2d Cir.), 73
– Mandatory retirement

– – Ala. exemption for university trustees over 70 when passed, equal protection (11th Cir.), 302
– – Equal protection, Foreign Service member assignment lasting past age 65, exception (D.D.C.), 1164

– Mixed motive, but-for causation, burden-shifting paradigm (3d Cir.), 42
– Otherwise qualified, VA boiler operator, uncontrolled diabetes, transfer to lower pay job after physical exam (10th Cir.), 753
– Pensions

– – Cntributions, Md. county, older new hires pay more, faulty premise on time value of money (4th Cir.), 854
– – Credits, N.Y. town ended volunteers' right to earn after age 55, EEOC accord (E.D.N.Y.), 526

– Performance evaluations, hostile environment, NTSB failure to provide job description, exhaustion (D.C. Cir.), 272
– Prejudgment interest, FERC (D.C. Cir.), 18
– Pretext plus, Okla. school administrator demotion at age 60, age as determining factor (10th Cir.), 1029
– Promotions

– – Accretion of duties, more favorable treatment of similarly situated worker not in protected class (4th Cir.), 921
– – Class actions, San Francisco police officers, statistical evidence of common questions (N.D. Cal.), 1103
– – Education and experience, 58 year old, ageist remarks, familiarity with backgrounds (6th Cir.), 1462
– – Repeatedly passed over in favor of younger less-qualified applicants, Iowa corrections officer (N.D. Iowa), 219
– – SSA, discovery abuse (EEOC), 54

– Protected class, probationary rural carrier firing, lost customer mailbox master key (10th Cir.), 434
– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– P.R. retirement plan, eligibility rules, EEOC accord (D.P.R.), 180
– Reasonable factor other than age, EEOC proposal on defense before final disparate impact rule, 515; final rule issued by July, EEOC semiannual regulatory agenda, 1501
– References, Ed. Dept. accord, negative information to prospective employer (Fed. Cl.), 591
– Reprisal and hostile environment harassment, EPA workers' claims fail, availability of exhaustion shortcuts (10th Cir.), 305
– Retaliation

– – Pretext or retaliatory animus, USPS reasons for employment actions (1st Cir.), 619
– – Qualifications, N.Y.C. special education teacher not qualified to teach special education teachers, animus (2d Cir.), 1435
– – Timeliness, African Am. teacher's, disruptive students removal, white teachers' request granted, hostile environment (D. Md.), 1251
– – Unapproved leave and supervisor contact, worker AWOL, material adversity (10th Cir.), 560

– RIFs

– – Admissibility of “me too” testimony by other workers with different supervisors, effect of Sup. Ct. ruling, 137
– – Adverse impact on older workers, FDIC workers, analysis included workers who took voluntary buyouts (D.C. Cir.), 1066
– – Evidence, Va. county school board, involuntary transfer before RIF, discovery of e-mail and other personnel data (E.D. Va.), 1166; superintendent's comments and adverse actions sufficient (dec), 1375

– Settlements, USPS timeliness of accord reopening, attorney malpractice (6th Cir.), 433
– Sovereign immunity, 11th Amend., patient abuse by nurse, Miss. state medical center (5th Cir.), 49
– Supervisor harassment, firing after threats to kill supervisor (10th Cir.), 1247
– Swim test, 71 year old lifeguard captain suspension, firing fired for failure after injury, younger workers may work (E.D.N.Y.), 1185
– Travel permission, forensic nurse time to attend convention, FMLA leave for heart condition (6th Cir.), 435
– Unfavorable treatment, middle school principal, bias and retaliation in administrators' union pact (2d Cir.), 787

AGENCIES

– Federal

See specific agencies

– State

See specific states

AGENCY FEES

– 1st. Amend., SEIU and AFSCME organizing, unions charging Ill. home care workers for bargaining expenses (N.D. Ill.), 1398
– Open shop, non-member LA county workers right to notice, chance to object before disclosure, reasonable expectation (Cal. Ct. App.), 1509
– Organizing costs, private sector, N.Y. county probation officers not CSEA members, 1st Amend., duty to pay (2d Cir.), 886

AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID)

– Appointments and personnel changes, Foreign Servs. Impasses Disputes Panel, appointments announced, 1491
– Sex bias, promotion denial and bad performance review after suit (D.C. Cir.), 754

AGRICULTURE

– Child labor, WHD to revise rules, 1502

AGRICULTURE DEPARTMENT (USDA)

– Agricultural Marketing Serv., expressing personal opinion to Nat'l Organic Standards Bd., not role where no guidance, 1488
– Appointments and personnel changes, Foreign Servs. Impasses Disputes Panel, appointments announced, 1491
– General Counsel Ofc., Nat'l Council on Federal Labor-Management Relations approves permissive bargaining plainstopics, 1116
– Job Corps, firing off-duty conviction for driving under the influence, commercial drivers' license suspension, safety concerns (Fed. Cir.), 1345
– Retirement benefits, inadvertent failure to provide data to process retirement benefits, accord breach, materiality (Fed. Cir.), 1338
– Waiver, retaliation, worker denied vacant job, accord bars all claims before signing (1st Cir.), 916

AICPA (AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS)

See ACCOUNTANTS; ACCOUNTING

AIDS AND HIV

– Disability benefits, N.J. corrections officer, inmate rumored to be infected, PTSD, horror-inducing (N.J. Super. Ct. App. Div.), 1168

AIR FORCE (USAF)

See ARMED SERVICES

AIR TRAFFIC CONTROLLERS

– Federal

See FEDERAL AVIATION ADMINISTRATION (FAA)

AIR TRAFFIC CONTROLLERS (NATCA)

– FAA

– – Grass roots lobbying, attempts by NATCA and officers to speak on legislative issues, VA bar was ULP (FLRA), 1039
– – Pact impasses, FSIP ability to resolve, reviewing decision (D.C. Cir.), 712

– ULP, FAA removing local official after using profanity during union activity (FLRA), 192

AIR TRANSPORTATION

– Airport screeners

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

– FAA

See FEDERAL AVIATION ADMINISTRATION (FAA)

– Helicopter pilots, FLSA exemption for professionals, entitlement to overtime pay (3d Cir.), 157

AIRPORT SCREENERS

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

ALABAMA

– Case Notes, 1037
– Transp. Dep't, back pay, race bias in promotion denials, award cut, enough evidence some jobs (11th Cir.), 300
– Tuscaloosa Housing Auth., manager failure to rebut reasons for firing or show race bias or retaliation (11th Cir.), 922
– Tuskegee, race bias, employee status, white Ala. city prosecutor denied health benefits black judge got (M.D. Ala.), 858

ALASKA

– Barrow, city finance director, whistleblowing and due process, whether job performance was pretext for firing (Alaska), 596
– Pension plan

– – Actuarial mistakes and concealment, investment consultant accord, shortfalls in public employee system (Alaska Super. Ct.), 778
– – Files, loss of personal data on retired and current Alaska state workers, accord, 154; state workers' union criticizes, wants identity theft insurance automatically, 298

– Sex bias, law abrogated 11th Amend. protection from constitutional claims (U.S., rev den), 81

ALCOHOL

– Abuse

See DRUG AND ALCOHOL ABUSE

– Testing

See DRUG AND ALCOHOL TESTING

ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES BUREAU (ATF)

– Arson, lead agent considered suspect after home destroyed, failure to protect after undercover operation (Fed. Cl.), 244

ALIENS

– Federal enforcement

– – CBP

See CUSTOMS AND BORDER PROTECTION (CBP)

– – USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Federal services

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Immigration

See IMMIGRATION

ALJs

See JUDGES

ALLERGIES

– Perfume sensitivities

See CHEMICAL SENSITIVITIES

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Arbitration

See ARBITRATION

– CBA language, arbitration for violating FLSA wage payment provisions (D.C. Cir.), 280
– FLRA, proposed rule, OGC role in ULP grievances, 145; OGC working on rules, 347; final rule letting OGC aid in ADR, 365
– FMCS

See FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

– Md., correctional officers, discipline, get more due process rights and alternative appeal process, 555
– Promotions, standing, Tex. police officer, pact procedure for method for extra points on lieutenant exam (Tex. Ct. App.), 1011

ALTERNATIVE WORK SCHEDULES

– Flexible scheduling

See FLEXIBLE WORK SCHEDULES

– Telecommuting

See TELECOMMUTING; TELEWORK IMPROVEMENTS ACT

AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS (AAUP)

– Rehiring denial, Kan. PERB award of monetary damages to professor, benefit to bargaining unit (Kan.), 564

AMERICAN BAR ASSOCIATION (ABA)

See specific subject headings
– Conferences and annual meetings

See CONFERENCES AND MEETINGS

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS (AICPA)

See ACCOUNTANTS; ACCOUNTING

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– COBRA

– – Compliance checklist, health benefit plan sponsors, Analysis and Perspective, 1472
– – Updated model notices, EBSA, 100

– Economic recovery, teachers, administrators, and educational support layoffs, more cuts needed without funding, 353; jobs preserved by stimulus cut in next school year, study, 554
– Supplemental Appropriations Act, 2010

See LEGISLATION, FEDERAL, HR 4899

– Teacher layoff prevention

See LEGISLATION, FEDERAL, HR 1586

– Temporary Continuation of Coverage, former FEHBP members get subsidy, involuntary firing, 1392

AMERICANS WITH DISABILITIES ACT (ADA)

– Ed. Note: This heading includes federal and combined federal and state law claims. For cases involving state law claims only, see DISABLED EMPLOYEES. For federal contractors and employees, see REHABILITATION ACT.
– Accommodation

See REASONABLE ACCOMMODATION

– ADAAA, EEOC final rule by July, disability definitions, semiannual regulatory agenda, 515; litigation increasing, employers to review EEO policies, ensure disabled workers remain productive, ABA, 1353; tips for employer compliance, 1383; final rule issued year-end, EEOC semiannual regulatory agenda, 1501
– Case Notes, 723; 1037
– Disparate impact, knowledge, skills, or abilities to learn quickly for hiring, EEOC letter, 910
– Essential functions of job

– – Courtroom rotation, incontinent court reporter must do live reporting, accommodations rejected (7th Cir.), 496
– – Fecal incontinence, Mich. school social worker preserving challenge for appeal, inability to perform job (6th Cir.), 533
– – Forced retirement, Mich. police lieutenant, fitness for duty, morbid obesity (W.D. Mich.), 410
– – Overtime as needed, bus driver with artificial limbs, rejected offer meeting restrictions (6th Cir.), 977
– – Random drug test, N.Y.C. sludge boat captain firing, lost USCG license, inability to complete (2d Cir.), 432

– Exhaustion, postal worker, scheduling, breaks, and investigatory interviews, final EEO ruling (5th Cir.), 1277
– Federal workers and contractors

See REHABILITATION ACT

– Fitness-for-duty

– – Modified duty, N.J. special police officer, learned of treatment for anxiety and depression, retaliation (3d Cir.), 715
– – Testing, Wash. police officer with head injury, deteriorating job performance due to medical condition (9th Cir.), 913

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Hearing impairment, deaf applicant performing as social worker in LA, DOJ accord with Cal. county (C.D. Cal.), 883
– HIN1 virus

See H1N1 VIRUS

– Hostile environment, HUD ALJ denied close parking, retaliation in case assignments, docket notices, and scheduling (D.D.C.), 174
– Leave without pay for back pain, refusal to cooperate with performance remediation, validity of claims (5th Cir.), 183
– Misconduct, pretext, Pa. corrections officer refusal to sign last chance agreement, breathalyzer failure (3d Cir.), 436
– Pre-employment medical inquiry, attorney insights, 283
– Qualified individual with disability

– – Drunk driving, Ill. parks police chief firing after accident, unable to do essential functions (7th Cir.), 335
– – Misdiagnosis, wrong medication, erroneously identifying patient as deceased, medical intern unable to perform job (4th Cir.), 377
– – Transfer, diabetic N.C. school worker claim, no loss of pay (E.D.N.C.), 925

– Reasonable accommodation

See REASONABLE ACCOMMODATION

– References, Ed. Dept. accord, negative information to prospective employer (Fed. Cl.), 591
– Regarded as disabled, depressed Neb. emergency services dispatcher failed fitness-for-duty test, fitness for essential functions (8th Cir.), 947
– Retaliation

– – Hiring unqualified teachers, N.Y.C. special education teacher not qualified to teach special education teachers (2d Cir.), 1434
– – More challenging assignments after brain surgery, substantial limits (2d Cir.), 855
– – Selection of man, female accountant forced to train after selection, pretext (10th Cir.), 239

– Sovereign immunity, Ohio county Medicaid agency, disabled worker firing (6th Cir.), 889
– Substantial limit on major life activity

– – Driving, AWOL after car accident, medical documentation, telework as accommodation (Fed. Cir.), 406
– – Singing, going on cruise, and lifting, Minn. music teacher with multiple sclerosis, disability proof (8th Cir.), 973

– 20th anniversary, E.O. increasing federal hiring of disabled workers, 904; OPM guidance to increase recruitment, hiring, and retention, 1330
– Veterans' preferences

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Web sites, accessibility to disabled people, DOJ enforcement, emerging standards, 1169
– Workplace violence, direct threat exception, escalation during economic crisis, enforcing employer policies to limit, BNA Insights, 956

ANNUAL LEAVE

– Federal Employees and Uniformed Services Retirement Equity Act

See LEGISLATION, FEDERAL, HR 4865

– Vacation pay

See VACATION PAY

ANNUITIES

– Pensions

See PENSIONS

AOC

See ARCHITECT OF THE CAPITOL (AOC)

APA

See ADMINISTRATIVE PROCEDURE ACT (APA)

APPEARANCE STANDARDS

See DRESS CODES AND GROOMING

APPRAISALS

See PERFORMANCE EVALUATIONS

APPROPRIATIONS

– Federal

See BUDGET, U.S.; specific agencies and departments

– State

See specific state

APWU

See POSTAL WORKERS (APWU)

ARBITRATION

– ADR

See ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Case Notes, 412
– Computer usage policy, Millcreek Township and AFSCME Dist. Council 85, Arb. Notes, 1350
– Disciplinary records, Baltimore County Admin., Corr. Dep't and Baltimore County FPE/AFT Local 4883, Arb Notes, 1350
– Dishonesty, Oakland and Individual Grievant, Arb. Notes, 1350
– Expired credentials, N.Y. Children & Family Servs. Office, arbitrability of pact violation, no discipline (N.Y.), 536
– FLRA

See FEDERAL LABOR RELATIONS AUTHORITY (FLRA)

– Just cause, discharge

– – Canton, Ohio City Schs. and Ohio Ass'n of Pub. Sch. Emps. Local 4, Arb. Notes, 1350
– – CHP and AFGE Local 3307, Arb. Notes, 797

– Notice, Cleveland State Univ. and SEIU Dist. 1199, Arb. Notes, 1350
– Posting fees, Beaver County and SEIU Local 668, Arb. Notes, 797
– Reassignment, Mobile County, Ala. and Individual Grievant, Arb. Notes, 797
– RIFs, Fresno County and SEIU Local 521, Arb. Notes, 797
– Suspension, Fort Worth and Individual Grievant, Arb. Notes, 797

ARCHITECT OF THE CAPITOL (AOC)

– Worker safety and health hazards, AOC to report on remedial actions year-end, 906

ARIZONA

– Domestic partners, state enjoined from ending benefits, state budget stripping (D. Ariz.), 923
– Flexible work schedules, state program to cut traffic benefits aging workforce, 1440
– Health and educational service, most residents would pay higher taxes to maintain funding, poll, 1214
– Preferences, proclamation implementing ballot initiative signed, 1494

ARKANSAS

– Senate, AFL-CIO endorses Lieutenant Gov., Lincoln opposed EFCA, 269

ARMED SERVICES

– Air Force

– – Excessive absences, leave procedures, and discourteous conduct, civilian mechanic, warnings and suspensions before removal, timeliness (Fed. Cir.), 1219
– – Lackland Air Base, nurse firing, sick leave process, work computer for union work, assigned duties refusal, reasonability (Fed. Cir.), 1033
– – Reserve, intramilitary immunity

– – – Dual status reserve technician, sex bias, NDAA amendments, repeal (9th Cir.), 784
– – – Sex and disability bias, technician FTCA claims, hybrid civilian/military job (6th Cir.), 914

– Army

– – Appointments and personnel changes, Matiella confirmed assistant secretary, 202
– – Contracting workforce, rebuilding started after 15 years of decline, officials tell oversight panel, 521
– – Disability and national origin bias, lawfully admitted for permanent residence, access cards and e-mail changed to non-citizen status, pretext (E.D. Cal.), 856
– – Disability and race bias, civilian's appeal failed to challenge merits (6th Cir.), 826
– – Pay equity, jurisdiction over civilian's claim where sex bias claim pending (Fed. Cir.), 158
– – Race bias, retaliation

– – – Hostile environment or harassment, civilian cook sought 276 jobs in 7 years, similarly situated candidates (6th Cir.), 407
– – – Promotion denial and travel voucher audit, claim against Army after EEOC charge (11th Cir.), 242

– – Retaliation

– – – Audit report, hazardous substances in soil of family housing, attorney report implicating officials within job duties (Fed. Cir.), 1189
– – – Qualifications, substance abuse director promotion denial for supporting predecessor's charge (5th Cir.), 1099

– – Sexual harassment

– – – Conduct severe or pervasive enough to alter terms of job, sexual attraction, evidence (1st Cir.), 750
– – – Hostile environment, male supervisor invaded personal space, jury award (1st Cir.), 1246
– – – Sovereign immunity, Army worker rescinding accord without waiver, subject matter jurisdiction (11th Cir.), 975

– Civilian, military, and Foreign Service pay and benefits, standardization, combat zone training and debriefing, OPM proposal cleared, 453; results-only work environment program pilot to start, 550
– Coast Guard, recommendations for improving diversity implemented without regard for long-term change, 518
– Leave for military service

See MILITARY LEAVE

– Marines, Nat'l Council on Federal Labor-Management Relations permissive bargaining topics plans, Camp Pendleton and N.Y. Maintenance Center, 1116
– National Guard

See NATIONAL GUARD

– Navy

– – Fire and Emergency Servs. Div., inspector retaliation after participation in co-worker sexual harassment investigation, compensatory damages (EEOC), 1470
– – Grand jury service, paid court leave, AWOL and firing during OPM appeal, CSRA, back pay (Fed. Cir.), 1094
– – Naval Sea Sys. Command, age bias, federal workers mixed-motive claims, private sector limits (D.C. Cir.), 1503
– – Oceanographic Ofc., reimbursement for hotel expenses, shipboard quarters, AFGE Local 1028 pact (Fed. Cir.), 890
– – Sex bias, civilian prevailed in EEOC charge, attorneys' fees (9th Cir.), 557

– Retirement Home, labor-management forum, plan approved, 808

ARMY

See ARMED SERVICES

ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

ASBESTOS

– Exposure to dangerous levels, museum worker with asbestosis, accord approved, 94

ASSAULT

See VIOLENCE
– Sexual

See SEXUAL ASSAULT

ASSESSMENTS, UNION

See DUES, UNION

ASSET MANAGEMENT

See FINANCIAL INSTITUTIONS

ASSOCIATIONAL RIGHTS

See FIRST AMENDMENT

ASTHMA

– Disability bias, Lowell, Mass. refusal to rehire retired firefighter, damages award (Mass. Super. Ct.), 1495
– World Trade Center claims

See TERRORISM

AT-WILL EMPLOYMENT

See EMPLOYMENT AT WILL

ATF

See ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES BUREAU (ATF)

ATTENDANCE

– AWOL

– – Grand jury service, paid court leave, Navy suspension and firing during OPM appeal, CSRA (Fed. Cir.), 1094
– – Race bias, airport screener, disparate treatment, discipline and promotions (11th Cir.), 1373
– – Unapproved time off and supervisor contact, postal worker removal, materially adverse (10th Cir.), 560

– Excessive absences, leave procedures, and conduct, warnings and suspensions before removal, timeliness (Fed. Cir.), 1219
– Family and medical leave

See FAMILY AND MEDICAL LEAVE

– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Sick leave

See SICK LEAVE

– Work shift, accommodation, reminder calls before special shifts (Iowa Ct. App.), 1252
– Workplace stress, impact on health care costs, absences, and performance, 846

ATTORNEYS

– Age and sex bias, SSA promotion, discovery abuse (EEOC), 54
– Age bias, prejudgment interest, FERC (D.C. Cir.), 18
– ALJs, OPM proposed rule eliminating law license mandate, 1178
– Cal., Los Angeles County, retaliation against prosecutors in union, injunction, likelihood of success on merits (C.D. Cal.), 338
– Conflict of interest, law firm associate as N.Y. school board officer, firm disqualified (E.D.N.Y.), 953
– Covered employees, white prosecutor application to replace municipal judge, Mo. race bias law (Mo. Ct. App.), 280
– Defense counsel prejudice, new trial order, race bias, African Am. class disparate impact claim, mandamus writ, final order (6th Cir.), 784
– Equal protection and due process, N.J. rule barring State Troopers from part-time law practice (3d Cir.), 1403
– Federal judges and U.S. Attys., more protection needed after threats, DOJ IG report, 34
– Fees

See ATTORNEYS' FEES

– 1st Amendment, P.R. electric authority lawyer, promotion denial, policymaking functions (1st Cir.), 412
– Holidays, elimination of paid days off for Cal. state attorneys (Cal. Super. Ct.), 152
– Misconduct, Navy civilian race and sex bias claims, equitable tolling of limitations period (6th Cir.), 20
– National origin and sex bias, Texas A&M Univ., positive evaluations, firing pretext, evidence supervisors knew Native Am. origin (S.D. Tex.), 650
– Privilege

See PRIVILEGE

– Race bias, SSA attorney promotion, retaliation, testimony against manager on behalf of black co-workers (7th Cir.), 783
– Sex bias and retaliation, Cal. public defender involuntary transfer, promotion denial (S.D. Cal.), 77
– ULPs, L.A. Dist. Atty. use of transfers for Ass'n of Deputy Dist. Attys. membership (Cal ERCOM), 1370

ATTORNEYS' FEES

– Civil rights, enhancements may not be based on factor subsumed in lodestar calculation (U.S., aff'd), 333
– Discovery, Md., St. Mary's County, failure to provide prepared corporate representative for deposition, liability for costs (E.D. Pa.), 247
– Due process

– – Classification as substitute instead of full-time probationary teacher, award for denial (Neb.), 627
– – Military pay overpayment, hearing after union grievance, method of reduction where success limited (7th Cir.), 1069

– EEOC charge, Navy civilian, lowered rating after sex bias claim, costs recovery for hearing (9th Cir.), 557
– Free speech, state judge who had lines expunged from censure record not prevailing party (5th Cir.), 656
– Labor law cases pending before Sup. Ct., 99
– Mixed result, La. city police chief applicant whose §1983 claims dismissed, state law claims remain (U.S., rev grant), 1314
– Pregnancy bias, retaliation, N.Y. park police, light duty assignments (E.D.N.Y.), 50
– Prevailing party, Cal. law provision where recovery modest (Cal.), 134
– Race bias, degree of success, award to Hispanic officers cut, other officers got no damages (S.D.N.Y.), 341
– Severance pay, Neb. city officials' suit to enforce pacts (Neb.), 955

ATU

See TRANSIT UNION (ATU)

AUDITS

– Federal, state, and local governments, advisory panel seeks feedback on draft checklist, 210
– 403(b) plans, AICPA issues frequently asked questions, EBSA will accept modified auditors' reports, 295

AUTHORIZATION CARDS

See RECOGNITION OF UNIONS

AUTO WORKERS (UAW)

– Child Care Providers Together Mich., home-based child care providers, employee status, applicability of union pact (Mich., rem), 1134; burden of proof, force state to ignore representation election results (Mich. Ct. App.), 1167; (Mich. Ct. App., rev den), 1305
– Mich., furloughs pending, no pact on health benefits, 100; pact attained, 206
– P.R., public law suspends bargaining duties, mandates layoffs, constitutionality (D.P.R.), 108
– Univ. of Cal., pact attained postdoctoral researchers represented by union, 942; ratified, 970; student workers, Local 2865 pact attained, 1369
– Univ. of Mass., union submits cards to Mass. Labor Relations Div., 177

AUTOMOTIVE INDUSTRY

– Motor Vehicle Safety Integrity Employment Act

See LEGISLATION, FEDERAL, S 3268

AWARDS

See DAMAGES; GRANTS

AWOL

See ATTENDANCE

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