Government Employee Relations Report Index-Summary

JAILS

JOB CLASSIFICATION

– Due process, award for denial in classification as substitute instead of full-time probationary teacher (Neb.), 627
– Retirement credit, independent contractor should have been classified Colo. employee, authority to remedy (Colo. Ct. App.), 345
– Seasonal worker misclassification, 1st Amend., anti-union animus, public concern, state law protection of public workers (6th Cir.), 1012
– Sex bias, pretext, nondiscriminatory reasons, Md. workers' compensation claims manager (4th Cir.), 18

JOB CREATION

– Federal, state, and local governments, Trumka urges immediate action to boost employment, 707
– Hiring Incentives to Restore Employment Act

See LEGISLATION, FEDERAL, HR 2847

– Payroll additions, BLS report, April, 669
– Tex., Houston, schools recruiting in critical areas, offering bonuses and relocation incentives to replace retirees, 359
– USAJOBS, bias ban posting includes gender identity bias, 36; OPM announces major redesign to make more efficient, user-friendly, 149

JOB DESCRIPTIONS

– Case Notes, 723
– Disability bias, essential function of job, Philadelphia police officer firing after job injury prevented shooting gun (E.D. Pa.), 245

JOB PERFORMANCE

See PERFORMANCE, JOB

JPL (JET PROPULSION LABORATORY)

See NATIONAL AIR AND SPACE ADMINISTRATION (NASA)

JUDGES

– ALJs, OPM proposed rule eliminating law license mandate, 1178
– Disability and national origin bias, HUD ALJ, failure to accommodate and hostile environment (D.D.C.), 174
– Federal ALJs

– – Administrative hearings, more security needed, violent threats escalating, caseload increasing, 1055
– – Managing performance but maintaining impartiality, GAO report, 93

– Federal, claim that failure to provide COLAs violates Compensation Clause (Fed. Cir., en banc rev den), 211
– Federal judges and U.S. Attys., more protection needed after threats, DOJ IG report, 34
– First Amend., Ind. judicial code limits on campaigning and fundraising, ripeness, must be elected and prosecuted (7th Cir.), 1065
– Ky., Ky. ban candidates announcing party affiliation, soliciting campaign funds, free speech (6th Cir.), 974
– Mo., Kansas City, race bias, white prosecutor denied appointment, Mo. human rights act (Mo. Ct. App.), 280
– National origin, race, and sex bias, N.J. state court judge denied reappointment as only Asian/Pacific Islander/Native Am. Hawaiian woman jurist (D.N.J.), 625
– N.Y., judicial pay crisis, separation of powers, legislature must act in good faith and free of other disputes (N.Y. Ct. App.), 380
– State and federal, no state achieved equal representation of women, report, 181
– Tex., free speech, state judge who had lines expunged from censure record not prevailing party, attorneys' fees (5th Cir.), 656
– Wis., ethics, constitutionality of rule barring judges or candidates from political party membership (7th Cir.), 822

JURIES

– Age bias, mixed motive, but-for causation, burden-shifting paradigm (3d Cir.), 42
– Grand jury service, paid court leave, Navy AWOL and firing during OPM appeal, CSRA, back pay (Fed. Cir.), 1094
– Job bias, rate granted outpaces other cases, plaintiffs' lawyers offer insights into getting claims to trial, 832
– Political affiliation bias, P.R., no liability if firing would be done without, no protected property interest in job (1st Cir.), 129
– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Retaliation, Mass. hospital communications dispatcher, race bias, only whites paid for staff calls in off-duty time, standard misstated (1st Cir.), 946

JURISDICTION

– Cal., state law bars IUOE Local 3 job action threatening public health or safety (Cal.), 892
– Case Notes, 795
– Civilian Extraterritorial Jurisdiction Act

See LEGISLATION, FEDERAL, HR 4567, S 2979

– Downgrades, MSPB jurisdiction, TSA specialist retired before downgrade without pay loss (Fed. Cir.), 241
– Employee definition, air traffic control specialist fired for sexual harassment may not appeal MSPB decision (Fed. Cir.), 403
– Exclusive, former FAA worker denied private aircraft inspection job, retaliation claims intertwined (5th Cir.), 1373
– Interlocutory injunction, Birmingham, Ala. challenge, final order prevents hearing (11th Cir.), 560
– MSPB, religious bias claims of probationary IRS worker fired for telling subordinates of visions (Fed. Cir.), 948
– National origin bias, Asian/Pacific Islander veterinarian claims for promotion denial, Title VII claims not transferred to Fed. Cir. (D.C. Cir.), 850
– Separation of powers, constitutional claims by Muslim physicist, criticism of U.S. foreign policy, 127
– Supplemental, retirees challenge state law on payment for health benefits (6th Cir.), 1433
– Unions

See UNION JURISDICTION

– Veterans' preferences, FAA personnel system, no MSPB appeal rights (Fed. Cir.), 1157
– WPA, MSPB authority over VA nurse manager who claimed retaliation after OSC communication over inadequate staffing (Fed. Cir.), 589

JURISDICTIONAL DISPUTES

– Union

See UNION JURISDICTION

JUSTICE DEPARTMENT (DOJ)

– Age bias, assistant U.S. attorney denied re-hire based on age, EEOC order enforcement, DOJ compliance (9th Cir.), 709
– Attorney-client privilege, prosecutor e-mail with personal counsel, work-related matters (D.D.C.), 51
– Bureau of Prisons

See PRISONS BUREAU (BOP)

– Civil Rights Div., FY2011 budget, increase sought to hire more staff, 147; Perez says division stepped up enforcement of bias law, expected to continue, lawsuits filed, Senate hearing, 489
– Disability bias, web site accessibility to disabled people, enforcement of emerging standards approaches, 1169
– FBI

See FEDERAL BUREAU OF INVESTIGATION (FBI)

– Federal judges and U.S. Attys., more protection needed after threats, IG report, 34
– Immunity, certification was prima facie evidence of U.S. attorney acting in scope of job, attorney who had affair with paralegal from another firm, privilege (9th Cir.), 1461
– Police officer injuries and deaths, DOJ training and technical assistance initiative, cut line-of-duty incidents, 1275