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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
E-MAIL
Discovery, Pa. school district e-mail subpoena, race bias suit, whether documents withheld, sanctions (E.D. Pa.), 1435
Mass., communications between school board members before open session, attorney insights, 283 Open records, Wis. teachers' personal messages on school computers not subject to disclosure (Wis.), 981 Privilege, DOJ prosecutor communications with personal counsel, work-related matters (D.D.C.), 51 Server with racially charged material, bias in failure to discipline professor who sent e-mails and maintained web site (9th Cir.), 751 Text messages
See TEXT MESSAGES
Age bias
Paid health benefits, Minn. Corrections Dep't, eligibility conditioned on age 55 retirement (D. Minn.), 502
Rehire, assistant U.S. attorney denied re-employment based on age, enforcement of EEOC order, DOJ compliance (9th Cir.), 709 Iowa, state senate approves plan to save money, 100; more than 2K state workers signed up, state official, 489 Md., state offers buyouts to eligible workers, spending cut, 1452 N.Y., temporary incentive for teachers over 55 passed, 462; signed, 670
CPI-U and CPI-W
Federal workforce, reports workers paid twice what private sector counterparts make disputed, 994; NTEU, AFGE, and OPM dispute report on high earners, 1329; pay comparability irrelevant, finding talent critical, agency heads not making recruitment priority, BNA Interview, 1411
Local governments, massive job cuts as municipalities feel brunt of recession, EPI issue brief, 672
State and local governments' fiscal position, steady decline due to rising health care costs, GAO report, 270
Nurses, unilateral discontinuation for offspring of professional staff, ULP (PLRB), 122
Age and disability bias, unsatisfactory performance evaluations, accord breach, negative reference (Fed. Cl.), 591
Teacher Incentive Fund program, proposed priorities, requirements, and selection criteria, 266
Colleges
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
Advisory Cmte. on Occupational Safety and Health, McGill appointed, 1210
Locals 763 and 1483, Neb., Omaha Pub. Power Dist., unilateral change in smoking rules imposed after bona fide impasse (Neb.), 1505
Duty to preserve records relevant to race bias and retaliation charges, Ill school district gross negligence, sanctions (N.D. Ill.), 791
See E-MAIL
Conn., GPS tracking devices on fire inspection vehicles, state law notice requirement (Conn.), 80
N.C., tipping off dealers, county police chief willful violation of state surveillance law (N.C. Ct. App.), 311 Privacy and 4th Amend., Cal. police sergeant's rights, city read pager messages (U.S., amicus brief filed), 382; no reasonable expectation of privacy in pager issued by police department (dec), 504; no privacy rights violation in reading messages, discipline based on messages (rev), 762; court reaffirmed standard practice for most employers, guidance on developing policies, BNA Insights, 1287; Court not most conservative in history, professor, ABA meeting, 1351 Workplace telephone calls, R.I. police, firefighters, and other city officials, recorded but not listened, privacy (1st Cir.), 334
Emergency services
Mass., bill imposing fines for assault and other violence against health care workers signed, 847 Zadroga 9/11 Health and Compensation Act
Environmental risks, EPA specialist harassment, OSHA complaints on risks to workers participating in emergency response without training (DOL ARB), 623
Mass., bill imposing fines for assault and other violence against health care workers signed, 847 Neb., Lincoln, depressed dispatcher, fitness-for-duty exam failure, ADA and FMLA (8th Cir.), 947 Pandemic flu
See INFLUENZA
Wash., Shoreline, paramedic reassigned to firefighting after asking patient about drug use, due process in barring chosen career without hearing (9th Cir.), 1126 World Trade Center
Disaster site, rescue, recovery, and cleanup workers, captive insurance fund for proposed accord (S.D.N.Y.), 369; amended settlement proposal, compensation fund, attorneys' fees cuts, 704; approved, 775; deadline for opting into accord extended, 1062; accord with Port Authority of N.Y. and N.J., Board and governors must approve, 1242; more accords approved, deadline for opting in over, 1334; most victims opt in to accord, 1398
Lung damage, first responders exposed to dust and debris, lowered lung function, study, 526; steep declines in lung function largely persisted, 1124
Reverse bias, white police officer, retaliation after shooting black child, award cut (N.D. Ohio), 338
Workplace stress
See STRESS
Accidental death and disability insurance
See RELOCATION
See DEATH BENEFITS
See DENTAL BENEFITS
See RELOCATION
Health insurance
Domestic partners
See LIFE INSURANCE
See MENTAL HEALTH
See specific benefits
See PENSIONS
Pet insurance, Human Rts. Campaign objects to providing where federal workers have no domestic partner benefits, 1239 Relocation expenses
See RELOCATION
See VACATION PAY
See VISION BENEFITS
COBRA, updated model notices, 100
403(b) plans, transitional relief from new reporting and auditing rules for sponsors, EBSA field bulletin, 236; AICPA issues frequently asked questions, EBSA will accept modified auditors' reports, 295 PPACA
Automatic enrollment for large employers with more than one plan, semiannual regulatory agenda, 1502
Grandfathered plans, frequently asked questions, guidance posted, 1304 Self-insured group health plans, external reviews, interim procedures, 1025
See ERISA
Appointees, race bias, disparate treatment and retaliation, white Ala. city prosecutor denied health benefits black judge got (M.D. Ala.), 858
Disability bias, doctor under contract with P.R. Corr. Dep't, Rehabilitation Act and ADA coverage of independent contractor (1st Cir.), 1433 Employee, air traffic control specialist fired for sexual harassment may not appeal MSPB decision (Fed. Cir.), 403 General law enforcement, ability to make arrests, N.J. Weights and Measures superintendents defined as police, may join PBA (N.J. Super. Ct.), 439 Helicopter pilots, FLSA exemption for professionals, entitlement to overtime pay (3d Cir.), 157 Home-based child care providers, independent businesses, organizing, applicability of union pact (Mich., rem), 1134; burden of proof, ignore representation election results (Mich. Ct. App.), 1167; (Mich. Ct. App., rev den), 1305 Misclassification of workers
See SEASONAL WORKERS
See VOLUNTEERS
Mo., St. Louis, Bd. of Commissioners, liability for wrongful discharge, individual exercise of control (8th Cir.), 1439
National origin and race bias, disparate treatment, Mass. municipal and mass transit police (1st Cir.), 14 Political subdivision, Ky. city was employer, fired police officer and dispatcher, First Amend. and whistleblowing claims (6th Cir.), 374 State agency, Wash. area utility, subject to Md. county laws for race and reverse bias claims (Md.), 654
Age bias, N.J. law exception, hiring and promotions of workers over 70, contract nonrenewal coverage (N.J.), 758
Implied, former TSO claims TSA induced to retire and move by assuring pay would not be affected by retirement benefits (Fed. Cir.), 678
Criminal record, Ark. firefighter fired after FBI arrest, 6 prior arrests, race bias, equal protection, due process claims (8th Cir.), 1095
Due process
Ill., Deaf and Hard of Hearing Comm'n head has no property or liberty interest in job (7th Cir.), 301
N.M., protected property interest in handbook provision that agency director determines reasonable cause for firing (10th Cir.), 216
Citizenship bias, college required non-citizen applicants to produce documents not required of citizens, DOJ accord (OCAHO), 643
E-Verify, Fla. cabinet requires state agencies' use, 910 Security clearances
Ed. Note: ESA was dissolved in November, 2009. Coverage of OFCCP, OLMS, OWCP, and WHD may be found at the specific headings for each agency.
Emergency services
EEOICPA
Labor-management collaboration, plans for joint national education reform conference with AFSCME, 1216 Los Alamos Natl. Lab., internal auditor outspoken about improper financial practices and bias, causal connection between complaints and transfer (10th Cir.), 1191 Post-employment restrictions, procedures for approval to furnish scientific or technological data, final rule, 1425 Workers' compensation
Hanford site, DOL town hall meetings to discuss more staffing, 292
Lawrence Livermore Natl. Lab., workers and survivors may qualify for special benefits for exposure to nuclear weapons, 669; DOL to host information meetings, will have staff available to help file claims, 774; officials explain applications for compensation and medical benefits for cancers caused by exposure, 812
Accent, Taiwanese faculty tenure denial, national origin bias (11th Cir.), 756
National origin bias, EEOC should examine fluency tests and work rules, subterfuge, Ishimaru, 1382 Proficiency requirements, applicants with accent, take care that action appropriate for job, 508
Clean Air Act
Retaliation, 1st Amend. violation after speaking about conditions, analyzing each instance (3d Cir.), 110
Age and race bias, no claims where administrative remedies not exhaustion, availability of exhaustion shortcuts (10th Cir.), 305
Linking workforce planning to strategic plans and budget allocation, improvement in evaluating urged, GAO report, 394 NTEU, AFGE Council expresses concerns about stalled negotiations, 1021; second meeting, 1180 Pay equity, Lilly Ledbetter Fair Pay Act, time limit tolling applicability to pension checks (EEOC), 1469 Whistleblower retaliation, harassment of specialist, OSHA complaints, risks to employees participating in emergency response without training (DOL ARB), 623 Whistleblowing, microbiologist complaint of retaliation after testimony and research papers criticized agency (11th Cir.), 307
Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
ADAAA rulemaking
Affirmative defense, proposed rules define reasonable factors other than age, 205; attorney insights, 283
Reasonable factor other than age defense, proposed rule before final addressing disparate impact rule, semiannual regulatory agenda, 515; final rule issued by July, EEOC semiannual regulatory agenda, 1501
Comm'n shorthanded, no Senate vote on nominations, 6; recess appointments to make Berrien chair, and Feldblum and Lipnic to other seats, returns to full strength, 392; Berrien assumes post, 424; Lipnic sworn in, joins Berrien and Feldblum to bring body to full strength, 485; recess appointees nominations sent to Senate, 486; Senate confirms Berrien, Feldblum, and Lipnic, 1491
General Counsel, Obama makes Lopez recess appointment, 392; Lopez assumes post, 424; Obama renominates Lopez, 486; confirmed, 1491 Philadelphia district office, Lawrence appointed regional attorney, 580 Special Panel on Appeals, Walsh named chair, 97; Senate panel expresses strong support for Walsh, 482 Federal agencies and workers, attorneys should understand local rules, ALJs and practitioners say, 1137 Federal workers, plan to issue final rule in 2011, semiannual regulatory agenda, 515 Flat funding and staff cuts, needed budget hike received, new leadership needed to resolve backlog, 111 FY2011 budget, increase sought to hire more staff, 147 GINA rules Race and ethnicity data collection methods for employer, rulemaking, employee self-identification for EEO-1 reports, semiannual regulatory agenda, 515 Systemic pay bias, strategies for defending, 1383
Lilly Ledbetter Fair Pay Act
Paycheck Fairness Act
Discretionary pay, Wis. data development chief, comparators before limitations period, common core of tasks (W.D. Wis.), 1342
Jurisdiction over claim where other similar claim pending (Fed. Cir.), 158 Lilly Ledbetter Fair Pay Act, time limit tolling applicability to pension checks (EEOC), 1469 Pay disparity and contract nonrenewal, trauma surgeon's claim (S.D. Fla.), 106 Physicians' assistants, VA nurse practitioners claim for pay differential (Fed. Cir.), 131; (U.S., rev den), 1198 Similarly situated male comparator, factors other than sex (11th Cir.), 242 State and local laws
See PAY EQUITY
Adverse actions for issuing inadequate traffic citations, Pa. state trooper may not be class of one (3d Cir.), 1069
Age bias, university trustees over 70, age limit exemption when passed, other state colleges (11th Cir.), 302 Code of ethics, selective enforcement, fired Pa. corrections refusal to sign last chance agreement, breathalyzer failure (3d Cir.), 436 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, due process (D. Mass.), 891 Ethics, N.J. rule barring State Troopers from part-time law practice (3d Cir.), 1403 Gender nonconformity, Ga. Assembly Legis. Counsel editor firing for presenting as woman, bathroom usage, economic benefits of reinstatement (N.D. Ga.), 1004 Long-term care, Cal. same-sex couples sue, state and U.S. laws barring unconstitutional (N.D. Cal.), 460 Mandatory retirement, age bias, Foreign Service member assignment lasting past age 65, ADEA exception (D.D.C.), 1164 Medical malpractice accords, failure to report one other physician, no discretion, selective reporting (7th Cir.), 1067 Pregnancy bias, Detroit accord with police officers denied light duty, required to take leave if unable to work regular jobs (E.D. Mich.), 941 Qualified immunity, law at time of violations apply to claims against Ga. police officials, not standards as later developed (11th Cir.), 468 Race bias, firefighter claims, failed training, no disparate treatment of similarly situated nonminority firefighters (11th Cir.), 681 Retiree health benefits, Omaha, Neb. barred from hiking premiums (D. Neb.), 827 Same racial balance for staff of each school, white Ohio teacher claims for teacher placement decisions (S.D. Ohio), 626 Sex bias
RIF, supervisor harassment, hostile environment, bias in selection, timeliness (N.D. Ill.), 1280
Women's prison, Nev. policy of considering only female guards for front line jobs, BFOQ (9th Cir.), 944
Disability benefits, elimination period, USPS (10th Cir.), 19; (U.S., rev den), 691
Exhaustion, DOL supports suit by Cal. firefighter denied disability benefits, quarterly meeting rule, timeliness of plan decision (9th Cir., amicus brief), 777 Fiduciary duties
See FIDUCIARY DUTY
Ed. Note: The Employment Standards Administration was dissolved in November, 2009. Coverage of OFCCP, OLMS, OWCP, and WHD may be found at the specific headings for each agency.
Equal protection and due process, N.J. rule barring State Troopers from part-time law practice (3d Cir.), 1403
Judicial, Ky. ban on candidates announcing party affiliation, soliciting campaign funds, free speech (6th Cir.), 974 Motor Vehicle Safety Integrity Employment Act Retaliation, P.R. public works director secretary, retaliation, testimony in investigation of invitations to political fundraisers and meetings (1st Cir.), 887 Unauthorized disclosure of privileged documents, disqualification of lawyers who knowingly use informational advantage, BNA Insights, 1316 Wis., constitutionality of rule barring judges or candidates from political party membership (7th Cir.), 822
Performance
After-acquired, prior police experience insufficient for waiver, discovered 2 years after layoff, seniority order, cross pin removal order (3d Cir.), 277
Age bias
Mixed motive, but-for causation, burden-shifting paradigm (3d Cir.), 42
RIF, me too testimony by other workers with different supervisors, effect of Sup. Ct. ruling, 137
See BURDEN OF PROOF
Discovery
See DISCOVERY
Hearsay, injunction barring NYPD retaliation in overtime suit, admissibility standard (2d Cir.), 1504 Privileged documents, disqualification of lawyers who knowingly use informational advantage, BNA Insights, 1316 Retaliation, VA medical technologist failed to show adverse action, evidence from separate case in different court (5th Cir.), 826 Sex bias, continuing violation as background evidence, Mich. Human Servs. Dept. (Mich. Ct. App.), 21 Sexual harassment, N.M. county may ask if claimants were dating co-workers but sexual behavior limited (D.N.M.), 309
First Amend., CSRA bars CBP officer's APA claim officer for service on Tex. city council, no exhaustion on constitutional claims (D.D.C.), 681
13518, thousands more veterans hired since E.O. signing, OPM statement, 1087
13522, Natl. Council on Federal Labor-Management Relations, MSPB forums to promote positive relations, 175; agencies and unions must fund training and infrastructure while developing and measuring progress, report, 201; first meeting set, 203; agency plans for implementing forums, council members appointed, first meeting, 227; NCUA pact with NTEU signed, 262; second meeting set, deadlines emphasized, 397; 24 agency plans, permissive topics, agencies with rejected plans need to move forward, 422; agencies and unions should take opportunity to work together to solve common problems, speakers, 541; Council seeks extension on deadline for pilot project recommendations, Berry says, 547; meeting schedule issued, 551; Pope calls tool to help labor relations, 630; agencies and unions participating in pilot programs must submit plans, implementation timetable set, 697; FLRA and FMCS announce more joint training on implementation, 702; FEC and Armed Forces Retirement Home plans approved, SSA plan only agency not improved, 808; more administration cooperation needed, AFGE, 1021; NCUA, OPM, USDA, DOD, and VA, permissive topics bargaining approved, 1116; agencies need to be reminded to involve unions on permissive bargaining topics, union leaders say, 1176; members disagree on telework policies, administration wants mobile work day, 1296; more FLRA training sessions, 1301 Disabled workers, increase federal hiring, 904; OPM guidance to increase recruitment, hiring, and retention, 1330 13488, Bush E.O. requiring recognition of security clearances decisions by other agencies, OPM rule clarifies, 1328 President's Management Advisory Bd., created within GSA, advice to focus on productivity, technology, and customer service, 486 Veterans Employment Initiative, new OPM office, 1333
Age and disability bias, retaliation, postal worker, final EEO complaint ruling (5th Cir.), 1277
Age and race bias
Reprisal and hostile environment harassment, EPA workers' claims fail, availability of shortcuts (10th Cir.), 305
Timeliness of EEOC questionnaire, Okla. probation Counselor, jobless benefits hearing, mileage reimbursement delay (10th Cir.), 1463
PTSD and acute paranoid disorder, postal worker 1936 murder prompted adverse action, timeliness (3d Cir.), 500
Retaliation, hostile environment, D.C. technology specialist sought work from home after stroke, exhaustion (D.D.C.), 1279 Race and sex bias, retaliation, Fla. public health worker, promotion denial and accommodation, pleadings (11th Cir.), 407 Race bias
Hiring, African Am. woman may not pursue claims for jobs she did not apply for (3d Cir.), 1248
Jurisdictional requirement, changing VA cook performance standards pretext for retaliation after EEO charge (6th Cir.), 853 Sexual harassment, transportation security officer denied transfer and fired after complaint, retaliation, timeliness (11th Cir.), 1308 Single filing rule, race bias in discipline and promotions, Kan. police officers' effort to piggyback on another's EEOC charge, timeliness (10th Cir.), 975 VEOA, disabled veteran assigned tentative rating before interview, charge before interview premature (Fed. Cir.), 1307 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
