|
|
|
|
||
|
||
|
Vol. 46, Nos. 2335-2383, pp. 1-1514 Jan. 5 -Dec. 28, 2010 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
DAMAGES
– Allocation, FECA, elevator accident, loss of consortium, embassy worker must repay payments after accord with elevator firms (D.C. Cir.), 918
– Back pay
See BACK PAY
– Economic benefits of reinstatement, Ga. Assembly editor firing for gender noncomformity, bathroom usage pretext (N.D. Ga.), 1004 – Emotional distress, white police officer, reverse bias after shooting black child cut (N.D. Ohio), 338 – FMLA, front pay is equitable remedy, judge decides whether and how much owed (9th Cir.), 271 – Liquidated – National origin, race, and sex bias, calculation of post-judgment interest rate on award to school special programs director (Wash. Ct. App.), 164 – Prejudgment interest, age bias, FERC (D.C. Cir.), 18 – Punitive
See PUNITIVE DAMAGES
See ATTORNEYS; specific states
See OFFICE ROMANCE
See CHILD CARE
– Pa., emergency and law enforcement personnel, attorney insights, 283
– TSP, changes in beneficiary designations, FRTIB final rule, 933
– Due process, N.C. probation officer, false memo in file, name-clearing hearing, resignation in lieu of firing (4th Cir.), 1098
– False rumor of sexual relationship with boss, post-judgment of interest rate on award to school special programs director (Wash. Ct. App.), 164 – Free speech, Wy. police chief testimony in defamation suit against private citizen, public concern (10th Cir.), 1096 – Press release and e-mail to avoid, professor suspended after verbal outburst, truth as defense (D.N.H.), 1309
See also generally FEDERAL CONTRACTS AND CONTRACTORS
– Acquisition workforce and insourcing, focus should be skills, not numbers, presentation, 231; insourcing initiative led to increasing number of routine commercial activities being brought in-house, contractors and IAM, 579; Gates orders hiring freeze, agency eliminations, cuts number of executives and contractor funding, 965; spending doubled, workers trail growth, Commission on Wartime Contracting, 1120; DOD deficiencies, determining skills and competencies for planning and analysis, using performance data to assess results, GAO report, 1300 – Air Force bases, food services, affected workers not covered by OMB circular or not losing jobs, 935 – Business rules for estimating and comparing full costs of DOD civilian and military and contract support, memo establishes, 203 – Contracting out, inherently governmental defined, OFPP policy to be released in early 2011, administrator, 1490 – Ike Skelton Nat'l Defense Auth. Act for FY2011 – National Defense Authorization Act
– Acquisition workforce and insourcing, focus should be skills, not numbers, presentation, 231; Gates orders hiring freeze, agency eliminations, cuts number of executives and contractor funding, 965; spending doubled, workers trail growth, Commission on Wartime Contracting, 1120; senior leader workforce plan, and acquisition workforce plan, only some of human capital planning addressed, GAO report, 1151; Webb puts holds on civilian nominations and military promotions until data on staffing levels received, 1270; DOD deficiencies, determining skills and competencies for planning and analysis, using performance data to assess results, GAO report, 1300
– Advisory Cmte. on Occupational Safety and Health, Bowling appointed, 1210 – Air Force
See ARMED SERVICES
– Armed services
See ARMED SERVICES
– Civilian per diem travel rates for Alaska, Hawaii, P.R., N. Mariana Islands, and other U.S. territories, release, 1451 – Contracting out – Defense Finance and Accounting Service – Disability bias, refusal to let personnel security specialist with deformed job transfer to job with less typing (EEOC), 441 – FCIP, veterans preferences, hiring, MSPB decision not final order, issues unresolved (Fed. Cir.), 984 – Federal Employees and Uniformed Services Retirement Equity Act – Heightened security standards for leased facilities, even those with nomilitary missions, DOD and GSA officials questioned on use, 612 – Ike Skelton Nat'l Defense Auth. Act for FY2011 – Information Technology Exchange program, DOD and private sector exchange, pilot program, 1487 – Manpower Data Center Status of Forces, guidelines for nonresponse analysis of survey results, GAO report, 842 – National Defense Authorization Act
See ARMED SERVICES
– Retaliation, intelligence officer transferred to inferior job and other negative actions after complaint of sexual assault by co-worker during trip (D.D.C.), 594 – Safety and habitability, inspections of all facilities, infrastructure, and equipment in current or future operations, interim rule, 1301 – Senior civilian leaders, improvement in studies and job requests needed, GAO report, 1331 – USERRA
See VETERANS
– Disability bias, accounting technician claim, reassignment denial after disability retirement approved (Fed. Cir.), 1340
– Ineligibility for sensitive job, MSPB may hear appeals by accounting technician and commissary manager (MSPB), 1480
– Equal protection, federal workers sought job-provided benefits for same-sex spouses, rational basis (D. Mass.), 891
– Chicago and Cook County, Ill., unfunded liability for public workers escalated in last decade, report, 294; governor urges lawmakers to stabilize, budget address, 295
– Closed or frozen, most private industry workers and all state and local workers have alternative plan options, BLS report, 556
– New Castle County, due process, firing after job removed from merit system (3d Cir.), 48
– Pension benefits, bill letting municipal governments to ensure no loss for mandatory furloughs signed, 233 – Public Emp. Relations Bd., jurisdiction to certify bargaining unit of bailiffs and peace officers, separation of powers (Del.), 249
– Age bias, Okla. school administrator reassigned at age 60, age as determining factor (10th Cir.), 1029
– Downgrades
See DOWNGRADES
– 1st Amend., Fla. fire captain demotion for extramarital relationship with subordinate, associational protection (11th Cir.), 494 – Punitive action, Cal. corrections officer returned to former job after probationary period, administrative appeal right (Cal. Ct. App.), 719 – Race bias
– – Lowered grade level, timeliness of black FAA aircraft inspector claims (6th Cir.), 105
– – Prima facie, Miss. county nursing home assistants demoted and denied privileged schedule after complaints (N.D. Miss.), 1165 – – Promotions from eligibility list, St. Louis fire chief failed to show action not for refusal (Mo. Ct. App.), 896
– Federal employees
See specific departments
– CHIP
See JOB DESCRIPTIONS
– Age and disability bias, VA boiler operator, condition uncontrolled, transfer after physical exam, otherwise qualified (10th Cir.), 753
– Case Notes, 1037 – Insubordination, inability to work with others, disability bias in removing S.D. team leader (8th Cir.), 302 – Transfer, N.C. school worker ADA claim, qualified disability, no loss of pay (E.D.N.C.), 925
– Pensions, NYPD retiree wants credits for time on military leave (S.D.N.Y.), 843
– Accidental benefits, N.J. corrections officer, PTSD inmate with HIV/AIDS spat, horror-inducting (N.J. Super. Ct. App. Div.), 1168
– Elimination period, USPS, ERISA (10th Cir.), 19; (U.S., rev den), 691 – Exhaustion, DOL supports suit by Cal. firefighter denied benefits, quarterly meeting rule, timeliness of plan decision (9th Cir., amicus brief), 777 – Fair representation duty, no breach where NALC official withdrew appeal, member fired for failure to report band earnings while on leave (7th Cir.), 559 – Income, back pay award for improper suspension, when award attributed determines CSRS annuity eligibility (Fed. Cir.), 182 – Last pay date, inadvertent failure to provide data to process retirement benefits, accord breach, materiality (Fed. Cir.), 1338 – N.Y., LIRR, independent examiner to review occupational pension benefits, N.Y. accord, 370 – SSA disability and supplemental security income, federal workers and commercial drivers getting improperly, GAO report, 934
– Disabilities in the workplace, comments on public opinion survey, 65
– Ed. Note: Bias claims in this heading relate to state law claims only. For cases involving ADA or combined ADA and state law claims, see AMERICANS WITH DISABILITIES ACT (ADA). For federal workers and contractors, see REHABILITATION ACT.
– California
– – Attorneys' fees for modest recovery (Cal.), 134
– – Liquidated damages, hospital pathologist removed after leave for depression, only back pay eligible for inclusion in calculations (E.D. Cal.), 469 – – Pattern and practice of bias against deaf state workers, interpretation services and emergency procedures, proposed class action (Cal. Super. Ct.), 642 – Credit reports, employment decisions, EEOC public meeting, fairness, adverse impact on minorities, women, and disabled people, 1260 – D.C., Mental Health Dept. worker denied accommodation and promotion for complaint, failure to written notice rule (D.C.), 563 – Federal agencies, tools and training to hire and retain, stereotypes major barrier, report, 367; job fair for disabled workers, agencies need tools and resources to make accessible, 423 – Federal workers, targeted disabilities, percentage steady, FY2009, but still less than 1% of workforce, EEOC report, 903 – Iowa, accommodation, Dubuque parking cashier, reminder calls before special shifts (Iowa Ct. App.), 1252 – IRS, Grassley commends for hiring veterans, including disabled veterans, 774 – Ky. Lottery, civil rights law preemption of claims for firing for defending disabled co-worker and refusing to lie in hearing (Ky.), 565 – Md., building official, return after heart attack, notice of claim mandatory (Md. Ct. Spec. App.), 760 – Mass., Lowell, refusal to rehire retired firefighter with asthma, damages award (Mass. Super. Ct.), 1495 – N.J., state trooper accommodation refusal, adverse action (N.J.), 1133 – ODEP
– – Dayton school clerical assistant not regarded as disabled, human resources director efforts to accommodate perfume sensitivity (Ohio Ct. App.), 655
– – Monocular vision, duty to reassign Ohio Workers' Compensation worker, CBA seniority trumps disability bias law (Ohio Ct. App.), 688
– Preferences in hiring, education, and contracting, San Francisco law mandating bid discounts violates ban (Cal.), 1035
– Case Notes, 412
– Demotions
See DEMOTIONS
See DOWNGRADES
– Insubordination and unbecoming conduct, school officials must get actual notice of teacher's intent to challenge firing (Ky.), 861 – Just cause, factors to analyze whether Seattle police officer suspension in good faith (Wash. Ct. App.), 689 – Race bias – Sexual harassment, arbitration reinstating accused not fired within SEIU pact time limits, public policy (Cal. Ct. App.), 1380 – Sick leave process, work computer for union work, assigned duties refusal, firing reasonable (Fed. Cir.), 1033 – Suspension
See SUSPENSIONS
– Transfers
– Case Notes, 191
– DHS, Privacy Act, proposal to create, update, and reissue systems of records, exemptions from disclosure, 231 – E-mail, open records, Wis. teachers' personal messages on school computers protected, valid interest in permitting personal use (Wis.), 981 – FOIA
See PRIVACY
See PRIVACY ACT
– Whistleblowers
See WHISTLEBLOWERS
– Affirmative defenses, whether Ohio city may withhold evidence, attorney work-product privilege (Ohio Ct. App.), 1404
– Age and sex bias, SSA promotion, request for admissions, inadequate ROI (EEOC), 54 – Audio recording of executive session, Marshall County Comm'n, blind man rejected for job, privilege (W. Va.), 248 – E-mail and other personnel data, Va. school board worker transferred involuntarily before RIF gets documents on age bias (E.D. Va.), 1166; superintendent's comments and adverse actions sufficient (dec), 1375 – Pension plan files, loss of personal data on retired and current Alaska state workers, accord, 154; union criticizes, wants identity theft insurance, 298 – Perceived deficiency, subpoena for Pa. school district e-mail, race bias suit, whether documents withheld, sanctions (E.D. Pa.), 1435 – Sanctions
– – EEOC ALJ proceedings, improper responses, default for failure to respond, webinar, 1137
– – Md., St. Mary's County, failure to provide prepared corporate representative for deposition, liability for costs (E.D. Pa.), 247
– Age bias
– Marital status
See ATTORNEYS
– Disability bias
– – General notice provision bar on Mental Health Dept. worker's claim (D.C.), 563
– – Retaliation, hostile environment, limitations period, technology specialist sought work from home after stroke (D.D.C.), 1279 – Overtime, FLSA and D.C. Code apply, USPP officers get pay or compensatory time off only for special events, highest rate prevails (FLRA), 601 – St. Elizabeth's Hosp., housekeeping, disability bias, prompt action after requesting transfer (D.C. Cir.), 101
– Coast Guard, recommendations for improving implemented without regard for long-term change, 518
– Federal employees, demographic composition change, more unfair treatment perception, differences in advancement found, report, 146 – FWS, EEO initiatives, majority of managers not accountable to federal mandates, minority participation decline, EEOC letter, 807 – Hiring, making part of managers' job evaluations most efficient, Voinovich, BNA Interview, 927 – Hispanic workers in federal jobs, room for employment despite President's record on appointments, OPM report, 517 – Work/life programs, OPM releases report on efforts to improve diversity by providing programs to White House Council, 700
– Census Bureau
See CENSUS BUREAU
See PHYSICIANS
– Ariz., state enjoined from ending benefits, state budget stripping (D. Ariz.), 923
– Domestic Partnership Benefits and Obligations Act – Long-term care
– – Cal., same-sex couples sue, state and U.S. laws barring, due process and equal protection (N.D. Cal.), 460
– – Insurance, OPM finalizes rules making same-sex partners qualified relatives eligible for coverage, 667 – Same-sex partner registration, Or. county clerk denied permission to be excused, religious bias (D. Or.), 1223
See CLOTHES CHANGING
– Voluntary retirement, MSPB jurisdiction, TSA specialist retired before downgrade without pay loss (Fed. Cir.), 241
– Facial hair and special clothing and facial hair, duty to accommodate Muslims, conflict with employer standards, Analysis & Perspective, 724
– Headwear, N.Y.C. mass transit workers, Muslims and Sikhs who wear turbans or khimars, religious bias, DOJ suit (E.D.N.Y.), 1249 – Religious bias
– – Beard length, Philadelphia police officer converted to Islam, bias and retaliation in discipline for failure to keep beard trimmed (E.D. Pa.), 590
– – Head scarf, Muslim woman's religion required veiling entire body, failure to pass probation as welfare caseworker, religious bias (E.D. Pa.), 470 – – Khimar, N.J. corrections officer suspended and fired for wearing head scarf gets damages, DOJ accord (D.N.J.), 1370 – – Or. bill repealing ban for teachers signed, 462; model religious clothing policy for public schools, 1458
– Commercial, SSA disability and supplemental security income, workers benefits getting improperly, GAO report, 934
– Mass transit
See MASS TRANSIT
– AA meetings, police officer required to attend, overtime for personal benefit (E.D. Ky.), 75
– Case Notes, 191 – Disability bias, Ill. parks police chief firing after drunk driving accident, qualified individual with disability (7th Cir.), 335 – Drunk driving
– – Suspension, assistant police chief's discipline reduced, arbitrator authority exceeded, new hearing (Tex.), 379
– – Unprofessional, teacher credentials suspension for 3 convictions, not per se, proper factors cause same result (Cal. App. Ct.), 689 – Privacy, long-term school substance abuse specialist firing, background check found old conviction, state constitution (Ohio), 1311 – Sexual harassment, Ky. city worker supervisor linked sex to job, limited overtime, negative reviews, firing for performance, alcohol abuse, protected speech (W.D. Ky.), 1374
– Breathalyzer failure, disability bias, Pa. corrections officer refusal to sign last chance agreement (3d Cir.), 436
– Case Notes, 795 – Crime control, NYPD, breathalyzer policy after firing guns (2d Cir.), 13; (U.S., rev den), 1258 – Hair samples, bargaining duty, NYPD commissioner replaced urine samples (N.Y.), 109 – Secondhand marijuana exposure, JFK Airport screener fired after random drug test positive for marijuana (E.D.N.Y.), 624 – Shy bladder, disability bias, N.Y.C. sludge boat captain firing, lost USCG license, inability to complete random test, essential job function (2d Cir.), 432
– Whistleblowing, protected disclosure, agent's complaint, no unknown data (Fed. Cir.), 1161
– Administrative functions, claims by doctor for removing functions after audit (4th Cir.), 241
– Administrative hearing, Ill. social studies teacher's constitutional claim for denying resumption after firing (7th Cir.), 212 – Adverse actions for issuing inadequate traffic citations, no evidence in record undermines finding Pa. state trooper had no claim (3d Cir.), 1069 – Anti-gossip provision, retaliation, at-will Colo. staff given less favorable ratings after meeting off-duty (10th Cir.), 586 – Background investigations for nonsensitive contract jobs, drug treatment and references, privacy, NASA right to investigate long-term low-risk JPL contractors (U.S., oral arg), 1196 – Case Notes, 412; 795 – Confidential or managerial job, finance director serves at pleasure of mayor, protected right to job (Alaska), 596 – Criminal record, Ark. firefighter fired after FBI arrest, 6 prior arrests, no biased intent by chief (8th Cir.), 1095 – DOMA, federal workers sought job-provided benefits for same-sex spouses, equal protection (D. Mass.), 891 – Ethics, N.J. rule barring State Troopers from part-time law practice (3d Cir.), 1403 – Jury instructions, P.R., no liability if firing would be done without, no protected property interest in job (1st Cir.), 129 – Liberty and property interests, N.J. medical examiner denied reappointment, reinstatement after completion of remedial course and internship (D.N.J.), 1465 – Liberty interest
– – Chosen career, Wash. paramedic reassigned to firefighting after asking patient about drug use, hearing right (9th Cir.), 1126
– – Corporal punishment, Minn. deputy sheriff fired for medical fitness after work-related injury, pre-firing hearing right (8th Cir.), 1195 – – Libel, blacklisting, and emotional distress, N.C. probation officer, name-clearing hearing, resignation in lieu of firing (4th Cir.), 1098 – – Medical malpractice accords, tangible job loss (7th Cir.), 1067 – – Occupational, resignation in lieu of discipline, hearing right, deputy sheriff promised retirement and firearm credentials (7th Cri.), 1306 – Maryland
– – Baltimore, police commissioner and deputies, firing, 4th Amend. (4th Cir.), 44
– – Discipline, correctional officers facing get more rights and alternative appeal process, 555 – Pensions, violation in negotiating pact cutting benefits for Conn. firefighters (2d Cir.), 159; (U.S., rev den), 568 – Post-termination, charges provided after hearing cured, deputy sheriff, sexual harassment, policy violations (Neb.), 1343 – Pro-union speech, Ill. firefighter forced to resign, whether medical leave counts toward probationary period (7th Cir.), 617 – Procedural, Conn. mayor immunity from town worker claim, reasonability of refusing pre-firing hearing (2d Cir.), 463 – Property and liberty interests, fired Ill. Deaf and Hard of Hearing Comm'n head has no claim, rules don't require cause (7th Cir.), 301 – Property interest
– – Chair positions, SW Med. Center, tenured physician/professor demotion after complaints about care (5th Cir.), 1505
– – Employment contracts, protected interest in jobs despite grant funding end (1st Cir.), 824 – – Health benefits, no 14th Amend. violation when Or. city stopped providing to retirees (9th Cir.), 713 – – Layoffs, RIF of tenured Chicago teachers rescinded, must bargain rules with teachers' union, school code provides rights (N.D. Ill.), 1212 – – N.M. handbook provision that Finance Auth. director determents reasonable cause for firing (10th Cir.), 216 – – Pa., law establishes property interest in school management jobs but denied human resources director pre-firing hearing unconstitutional (W.D. Pa.), 534 – – Removal, outspoken dean, complaints from faculty on leadership, deprivation of policymaker's rights minimal (2d Cir.), 1217 – – Sick leave, N.J. town administrator denied pay for unused time at retirement, protected interest (D.N.J.), 978 – Retaliation, D.C. reserve police officer firing, class action for emergency rule removing organizing rights, firing appeals (D.C. Cir.), 1002 – Secondhand marijuana exposure, JFK Airport screener fired after random drug test positive for marijuana (E.D.N.Y.), 624 – Sexual relations with student, Ill. school investigator conflict of interest, qualified immunity (7th Cir.), 1030 – State action, hearing on female student's improper contact claims, charter school teacher dismissal (9th Cir.), 103 – Suspension with pay, pre-discipline right, notice and opportunity to be heard before barring from campus and stripping with pay (D.N.H.), 1309 – Voluntary resignation, resignation of Mass. official after connection to organized crime, credibility (1st Cir.), 1402
See BARGAINING DUTY
Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
