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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
RACIAL DISCRIMINATION
Abuse of discretion, changing deadline for response to summary judgment motion severely penalized Fla. firefighters (11th Cir.), 532
Attorney-client and work product privileges, Wash. fire mechanic, privilege log, waiver (9th Cir.), 618 Attorneys' fees
Mixed result, La. city police chief applicant whose §1983 claims dismissed, state law claims remain (U.S., rev grant), 1314
Other officers got no damages, award to Hispanic officers reduced (S.D.N.Y.), 341 Covered employees, white prosecutor application to replace municipal judge, Mo. human rights act (Mo. Ct. App.), 280 Credit reports, employment decisions, EEOC public meeting, fairness, adverse impact on minorities, women, and disabled people, 1260 Criminal record, Ark. firefighter fired after FBI arrest, 6 prior arrests, no biased intent by chief (8th Cir.), 1095 Damages, post-judgment of interest rate on award to school special programs director (Wash. Ct. App.), 164 Defense counsel prejudice, new trial order, African Am. class disparate impact claims, mandamus writ, final order (6th Cir.), 784 Demotions
Adverse action, Philadelphia city employment attorney, timely filing (3d Cir.), 1163
Eligibility list, St. Louis fire chief failed to show refusal to use list not pretext (Mo. Ct. App.), 896 Poor performance and attitude, black nursing director failed to show misconduct did not cause adverse actions (6th Cir.), 951 Discipline, disparate treatment, teacher removal when more qualified candidate available, new claims raised in summary judgment (5th Cir.), 756 Discipline, evaluations, equipment, overtime, and promotions, minority D.C. police officers, police chief (D.C. Cir.), 404 Discipline, firefighter demotions, transfers, and suspensions after black co-workers tricked into eating dog food (Cal. Ct. App.), 311 Discovery, subpoena for Pa. school district e-mail, whether discovery documents withheld, sanctions (E.D. Pa.), 1435 Disparate treatment, promotions, Mass. municipal and mass transit police (1st Cir.), 14 Diversity
See DIVERSITY
Employee status, disparate treatment and retaliation, white Ala. city prosecutor denied health benefits black judge got (M.D. Ala.), 858 Employer status under Md. law, pay equity and transfer, subject to county bias laws (Md.), 654 Ethnically motivated hostile environment by students, Conn. teacher, evidence that harassment due to ethnicity (2d Cir.), 376 Evidence, Army civilian's appeal fails to challenge merits (6th Cir.), 826 Excessive force, white corrections officer excessive force against black inmate, firing bias (M.D. Pa.), 717 Exhaustion
EEOC questionnaire, timeliness, Okla. probation counselor, jobless benefits, mileage reimbursement delay (10th Cir.), 1463
Jurisdiction, changing VA cook performance standards pretext for retaliation after EEO charge (6th Cir.), 853 Free speech, Detroit city counsel, firing for racist comments about local court, official duties (E.D. Mich.), 859 Frequent racially offensive jokes and slurs, N.J. road worker, DOJ accord (D.N.J.), 746 Funding, black Pa. school administrator reassignment and firing after expirations (M.D. Pa.), 51 Harassment
Abrasive management style, African Am. candidate for drug director job, poor performance in interview, no evidence of pretext (2d Cir.), 684
Disparate impact, Chicago firefighters, disparate impact, applicants challenge qualification test, timeliness (U.S., oral arg), 250; claim accrues each time city hired from eligibility list based on cutoff score (rev), 657; Court not most conservative in history, professor, ABA annual meeting, 1351 Eligibility list, black woman classified as eligible by EMS, credibility of justifications, motivating factors (W.D. Pa.), 342 Exhaustion, African Am. woman may not pursue claims for jobs she did not apply for (3d Cir.), 1248 Intentional bias, claim by white applicant denied principal job at predominantly black middle school (N.D. Miss.), 162 Minority representation goal, white applicants for entry-level firefighters have claims, 1980 consent decree goals (2d Cir.), 916 Written exams to screen N.Y.C. firefighter candidates, pattern and practice of intentional bias (E.D.N.Y.), 134; remedial phase, city pays damages, fills jobs with minorities, grant retroactive seniority, develop new exam, 184; current hiring test for entry-level firefighters blocked, Title VII compliance, 939; permanent injunction bars use of applicant lists from biased test, 1241 Hostile environment, African Am. Pa. streets worker, no evidence late route sheet, assignment changes, or performance evaluation retaliatory (3d Cir.), 1190 Impartiality, black paramedic whose supervisor disciplined to avoid appearance of bias against white co-worker (D.D.C.), 161 Intolerable working conditions, bias by superiors after Ill. corrections officers acquitted of sexual misconduct with female detainees (7th Cir.), 587 Job qualifications, bias in firing mental health supervisor for failure to report employee sexual contact with patient (2d Cir.), 849 Labor law cases pending before Sup. Ct., 99 Limitations period
Egregious conduct by counsel, Navy civilian (6th Cir.), 20
Lowered grade level, similarly situated white FAA aircraft inspectors given more work to support pay untimely (6th Cir.), 105 Misconduct, NAACP official who worked for Ohio fired for unauthorized meeting while on-call during administrative leave (S.D. Ohio), 595 National origin Pattern or practice, jury award to black, lesbian firefighter, exhaustion (Cal. Ct. App.), 346 Paycheck Fairness Act Pretext, Ga. school worker rejected for federal program director jobs, not filled or better qualified applicant (11th Cir.), 855 Pretext, sufficiency of Tex. probation officer's evidence that firing not for failure to follow recommendations (5th Cir.), 160 Prima facie, Miss. county nursing home assistants demoted and denied privileged schedule after complaints (N.D. Miss.), 1165 Prohibited practices, MSPB reexamining, earlier findings summary, 735 Promotions
Accretion of duties, more favorable treatment of similarly situated worker (4th Cir.), 921
Culture of bias, class certification, policy or practice affecting opportunities of ethnic and minority men (Mich.), 191 Discovery, claims by Secret Service special agents, sanctions for violations, preclusion order violation (D.D.C.), 977 Disparate impact and pattern or practice of intentional bias, award to Asian Am. transit officers (S.D.N.Y.), 131 Eligibility list, N.J. fire prevention specialist, sufficient basis to remove from list after retirement, deliberate indifference to bias (3d Cir.), 466 Favoring white applicants, back pay award cut, evidence on some jmobs sufficient (11th Cir.), 300 Md., white man had direct evidence promotion denial based on race and gender (9th Cir.), 104 N.J., civil service test, disparate impact on minorities, DOJ suit (D.N.J.), 65 Nonminorities, New Haven Fire Dept. underfilling practice favored (Conn.), 12; 2003 lieutenant promotional exam, disparate impact on black candidates (D. Conn.), 593; impact limited, applicability to private sector, Analysis and Perspective, 1409 Remedial order revision, white and Hispanic police officers may intervene, protectable issues in future promotions (2d Cir.), 558 Subjective performance, black female firefighter (4th Cir.), 46 Superior qualifications, DOL branch manager claim for selection of white candidate (6th Cir.), 215 Supervisor amicus, evidence shown by USPS vehicle operator sufficient, denial claim (E.D. Pa.), 437 Protected activity, probationary male African Am. floating teacher firing, inconveniences not bias (11th Cir.), 1277 Reassignment after poor performance, Secret Service in charge of Lady Bird Johnson detail, adverse action, no cut in pay, benefits, or duties (D.D.C.), 685 Reprisal and hostile environment harassment, EPA workers' claims fail, availability of exhaustion shortcuts (10th Cir.), 305 Res judicata
Va. Corr. Dep't, prison superintendents sued as individuals, privity in grievances (4th Cir.), 1460
Workers' compensation, N.Y. Sheriff's Dep't, firing for false claim, voluntarily discontinued state suit (2d Cir.), 1221 Retaliation
Cooperation in investigation, workers at N.Y. youth residential facilities, claim against supervisor for adverse action (2d Cir.), 272
Duty to preserve electronic records relevant to charges, Ill school district gross negligence, sanctions (N.D. Ill.), 791 Exhaustion, discipline, suspension, and firing after EEOC charge for promotion denial and accommodation (11th Cir.), 407 FMLA, timing close enough between charge and leave and negative rating no evidence of pretext or causal connection (5th Cir.), 1278 Free speech, Omaha public safety auditor firing, released report criticizing traffic stop methods (8th Cir.), 1276 Hostile environment or harassment, Army civilian cook sought 276 jobs in 7 years, similarly situated candidates (6th Cir.), 407 Immunity, black Md. court director, FMLA and Title VII, 11th Amend. protection for state (4th Cir.), 1400 Insubordination, disruptive behavior, and dishonesty, Ala. housing manager failure to rebut reasons for firing (11th Cir.), 922 Interview for administrator job, black educational manager, husband's clients sued college, connection unknown (11th Cir.), 1401 Material adversity, worker put on AWOL status for unapproved leave and supervisor contact (10th Cir.), 560 Performance counseling, pretext, no similar comparators, firing for poor performance (5th Cir.), 533 Promotion denial and travel voucher audit, claim against Army after EEOC charge (11th Cir.), 242 Racial profiling, N.J. state trooper harassment for complaints to supervisors over traffic stops (3d Cir.), 622 Reappointment as only Asian/Pacific Islander/Native Am. Hawaiian woman jurist, N.J. state court judge claim (D.N.J.), 625 Removal from AP classes and promotion denial, award to Boston teacher reversed, evidence insufficient (Mass. Super. Ct.), 330 Res judicata, claims by fired Mich. corrections officer with history of bias complaints (6th Cir.), 467 RIF, computer accessed by others, number on calculator, and office break-in (3d Cir.), 1219 Same racial balance for staff of each school, white Ohio teacher claims for teacher placement decisions (S.D. Ohio), 626 Timeliness, African Am. teacher, removal of disruptive students, white teachers' requests granted, hostile environment (D. Md.), 1251 Transfer denial, Secret Service perception of participation in special agent husband's class action (D.D.C.), 340 Well qualified list, SSA attorney promotion, testimony against manager on behalf of black co-workers (7th Cir.), 783 Work-related stress, paralegal got continuation of pay before extended leave, medical documentation, firing after AWOL (D.D.C.), 1437 Reverse bias Supervisory pay, Mass. hospital communications dispatcher, retaliation, only whites paid for staff calls in off-duty time (1st Cir.), 946 Suspensions, African Am. SSA worker discipline for approving fraudulent payments, disparate treatment (Arb.), 796 Systemic persecution, Egyptian-born Muslim doctor gets damages, job offer after resignation rescinded after hospital gave negative recommendation (N.D. Tex.), 671 Timeliness Unfavorable treatment, middle school principal, bias and retaliation in administrators' union pact (2d Cir.), 787
CEO plan to replace white managers with African Americans, Ga. county workers get damages (N.D. Ga.), 427
Hostile environment after accord, USPS supervisor, disparate treatment, warning letters, and inspection assignments (D. Or.), 1007 Humiliation, emotional distress, and physical and mental pain, mental exams, USPS (E.D. Cal.), 408 Reverse bias, white N.J. firefighters disciplined for recommending black firefighter discipline, res judicata, state court accord (D.N.J.), 187
Ethics, LIRR to appoint examiner to review occupational disability benefits, cut inappropriate claims, and monitor safety, N.Y. accord, 370
Garnishment, agencies propose uniform procedure for protecting payments from garnishment, 484
Long Island Rail Road
Occupational disability benefits system, independent examiner to review in accord with N.Y., 370
Sex bias, admissibility of arbitral awards discretionary, railroad evidence of breast grabbing to support suspension (E.D.N.Y.), 1438
See MASS TRANSIT
ADA, Feldblum urges EEOC to provide guidance, help with interactive process, 1352
Disability bias
Affirmative action, S.D. systems analyst removal, insubordination, inability to work with others, ideal accommodation (8th Cir.), 302
Fewer patients, more time to record verbal data, more compassionate environment, medical intern unable to provide competent care (4th Cir.), 377 GSA, lack of education is systemic problem, deficient in providing accommodations for cancer patients, more cases upcoming, 327 Hostile environment, DFAS technician claim, retirement for loss of eyesight, depression, and other illnesses approved (Fed. Cir.), 1340 Interactive process, school counselor reassigned to teach in crowded laboratory, failure to identify appropriate adaptations for post-polio health problems (10th Cir.), 243 Light-duty, DHS airport screener forced to take disability retirement, instructor job not temporary detail (EEOC), 1407 Live court reporting, incontinent court reporter must rotate among courtrooms, court proposals rejected (7th Cir.), 496 N.J., state trooper light duty refusal, adverse action (N.J.), 1133 Sitting and driving, worker with lower back pain may not get appropriated funds to pay for local lodging (GAO), 176 State laws Transfer, DOD refusal to let personnel security specialist with deformed job seek job with less typing (EEOC), 441 Transfer, hospital housekeeping aide, transfer for mental health strain (D.C. Cir.), 101 Web sites, accessibility to disabled people, DOJ enforcement of emerging standards, 1169 Window, Wis. teacher moved to window without despite seasonal affective disorder, jury award (W.D. Wis.), 1243 Work shift, accommodation, Dubuque parking cashier, reminder calls before special shifts (Iowa Ct. App.), 1252 Flexible work schedule or work from home, ability of Navy technologist to do essential functions of job (3d Cir.), 217 Pregnancy bias, Detroit accord with police officers denied light duty, required to take leave if unable to work regular jobs (E.D. Mich.), 941 Religious bias
Headwear, N.Y.C. mass transit workers, Muslims and Sikhs wearing turbans or khimars, DOJ suit (E.D.N.Y.), 1249
Muslims in workplace, special clothing and facial hair, duty, conflict with employer standards, Analysis & Perspective, 724 Same-sex partner registration, Or. county clerk denied permission to be excused, offer to transfer (D. Or.), 1223
EFCA, AFL-CIO endorses Lieutenant Gov., Lincoln opposed, 269
Univ. of Mass., UAW submits cards to Mass. Labor Relations Div., 177
Documents, electronic
See FORMS
See MEDICAL RECORDS
See HIRING
Age bias
Admissibility of me too testimony by other workers with different supervisors, effect of Sup. Ct. ruling, 137
Adverse impact on older workers, FDIC, analysis included workers who took voluntary buyouts (D.C. Cir.), 1066 Evidence, Va. county school board worker, involuntary transfer RIF, discovery of e-mail and other personnel data (E.D. Va.), 1166; superintendent's comments and adverse actions sufficient (dec), 1375 California
Education, 23K teachers laid off, more in 2010-1011 academic year, budget deficit, 355
Los Angeles, immediate elimination of jobs paid for by general fund ordered, budget deficit, 178; court system laying off workers and closing courtrooms, 331; school district faces layoffs and program cuts to close budget deficit, 356; officials proposing to eliminate jobs to close budget deficits, believes current pension systems unsustainable, 488 Furloughs
See FURLOUGHS
Layoffs
See LAYOFFS
Md., governor budget proposal includes, 98 Mass., Boston Housing Auth., evergreen clause in pact, RIF, state law limits public sector pact terms (Mass.), 1378 N.J., proposed state aid cuts disastrous, union says, 357 New York
MTA, subway customer service booths to reopen, rehire laid-off staff before public hearings on cuts (N.Y. Sup. Ct.), 746
N.Y.C., 20K teachers to be laid off in 2010-1011 academic year, budget deficit, 356; layoff averted by wages frozen for 2 years for teachers and principals, plans would be revised if Congress does not restore Medicaid funds, 670 State agencies must cut workforce by year-end, layoffs authorized, unions criticize, 1122 Safety for Our Schoolchildren Act USPS reorganization, Congress questions necessity of delivery cuts, 291; Sat. service, eliminating delivery and moving to 5 day system could cut 40K jobs, report, 393; Sat. delivery end not effective long-term solution to financial losses, hearing, 772
Age and disability bias, unsatisfactory performance evaluations, accord breach, negative reference (Fed. Cl.), 591
Disability bias, postal worker with PTSD and acute paranoid disorder, 1936 murder prompted adverse action, exhaustion (3d Cir.), 500
Ed. Note: This heading includes federal contractors and employees. For federal and combined federal and state law claims, see AMERICANS WITH DISABILITIES ACT. For cases involving state law claims only, see DISABLED EMPLOYEES.
Accommodation, hospital housekeeping aide, transfer for mental health strain (D.C. Cir.), 101 ADA Derogatory references, postal worker with PTSD and acute paranoid disorder, 1936 murder prompted adverse action, exhaustion (3d Cir.), 500 Employee status, doctor under contract to P.R. corrections agency, independent contractor coverage (1st Cir.), 1433 Essential functions of job
Guns, Philadelphia police officer, firing after job injury prevented shooting, job description (E.D. Pa.), 245
Rotating around courtrooms, incontinent court reporter must do live reporting, accommodations rejected (7th Cir.), 496 Excusable neglect, continuing trial despite absence of pro se plaintiff, disobeying court orders common (5th Cir.), 306 Exhaustion, postal worker, scheduling, breaks, and investigatory interviews, EEO complaint final ruling (5th Cir.), 1277 FMLA, intermittent leave, express mail clerk with Meniere's disease, return-to-work clearance, request form deficiencies (6th Cir.), 786 Hostile environment, HUD ALJ denied close parking, retaliation in case assignments, docket notices, and scheduling (D.D.C.), 174 Insufficient facts, probationary rural carrier firing, lost master customer mail box key (10th Cir.), 434 Intramilitary immunity, technician FTCA claims, hybrid civilian/military job (6th Cir.), 914 Light-duty, DHS airport screener forced to take disability retirement, instructor job not temporary detail (EEOC), 1407 Limitations period, Interior Dept. timeliness with retroactive application (2d Cir.), 73 Nat'l Reassessment Process, USPS action to implement more timely, fully disclose limitations, GAO report, 6 Otherwise qualified, VA boiler operator, uncontrolled diabetes, transfer to lower pay job after physical exam (10th Cir.), 753 Promotions, blind IRS programmer evidence that reasons for nonselection were pretext for intentional bias (D. Md.), 678 Reasonable accommodation Retaliation
After-acquired evidence, worker denied job after bias charge, improper VA benefits, remedy stage (D. Me.), 1034
Complaint posted on intranet, increased workload, lower evaluations, Secret Service management analyst, ostracism (D.C. Cir.), 1031 Hiring unqualified teachers, N.Y.C. special education teacher not qualified to teach special education teachers (2d Cir.), 1434 Hostile environment, D.C. technology specialist sought work from home after stroke, exhaustion, limitations period (D.D.C.), 1279 Light duty, letter carrier sent home without pay after reinjury claim, no work week guarantee (7th Cir.), 1158 Reassignment, maxiflex schedule, OSC paralegal got continuation of pay before leave, medical documentation, firing after AWOL (D.D.C.), 1437 Rejection for transfer, qualified individual with disability, facet syndrome, USPS (3d Cir.), 45 Speech-language pathologist advocate for students, pretext, official duties, no adverse action (10th Cir.), 275 Workers' compensation fraud, postal worker fired after postal inspectors observed using injured arm for normal activities (7th Cir.), 375 Standards of proof, not necessary to determine whether standards of proof for nurse with multiple sclerosis similar, claim improperly added during trial (4th Cir.), 531 Suspension and firing, FPS criminal investigator claim for impermissible questions about mental health and treatment, retaliation (S.D. Cal.), 653 Transfer, DOD refusal to let personnel security specialist with deformed job seek job with less typing (EEOC), 441 Web sites, accessibility to disabled people, DOJ enforcement of emerging standards, 1169
Travel and transportation
Natl. Guard, civilian technicians notice of hearing right before firing, authority to order reinstatement and records correction (D.C. Cir.), 645
USERRA
Accommodation, Or. county clerk denied permission to be excused from same-sex partner registration and fired, offer to transfer (D. Or.), 1223
Appearance and grooming
Beard length, Philadelphia police officer converted to Islam, bias and retaliation in discipline for failure to keep beard trimmed (E.D. Pa.), 590
Cross pin, request to remove, discovery that prior police experience insufficient for training waiver 2 years after layoff (3d Cir.), 277 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 Muslims in workplace, special clothing and facial hair, duty to accommodate, conflict with employer safety and grooming standards, Analysis & Perspective, 724 Free exercise, prayer session in co-worker cubicle after hours, disparate treatment (N.D. Tex.), 951 Hostile environment, supervisor conduct, Jewish worker, whether harassment is of quality or quantity would find conditions altered (2d Cir.), 1098 Jewish CBP officer subjected to anti-Semitic harassment, Nazi swastikas and SS lightening bolts on locker, removal after complaints (N.D.N.Y.), 1102 Jurisdiction, MSPB right to hear claims of probationary worker who told subordinates of visions (Fed. Cir.), 948 Leave to perform pilgrimage, DOJ suit against Ill. School district. for denial to nontenured computer math lab teacher (N.D. Ill.), 1496 National security, Jewish lawyer fired after security clearance revoked, jurisdiction, court involvement with protected CIA discretion (D.D.C.), 309 Res judiciata, Va. Corr. Dep't, prison superintendents sued as individuals, privity in grievances (4th Cir.), 1460 Retaliation
Administrative leave after complaint, Conn. corrections worker complaint about anti-Semitic cartoon, fitness for duty (D. Conn.), 1311
Animus, pretext in USPS reasons for employment actions (1st Cir.), 619 Weekend work, DOI tractor operator reassigned after allergic reaction, adverse actions, suit after administrative final order (D.C. Cir.), 1129 Separation of powers, constitutional claims by Muslim physicist, criticism of U.S. foreign policy, 127 Systemic persecution, Egyptian-born Muslim doctor gets damages, job offer after resignation rescinded after hospital gave negative recommendation (N.D. Tex.), 671
Expense reimbursements for federal workers, GSA travel rules update reflect indefinite expansion of test programs, 1152
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 Special Agent Samuel Hicks Families of Fallen Heroes Act
Forms
See FORMS
New reporting and auditing rules for sponsors, transitional relief, EBSA field bulletin, 236
Prototype and volume submitter plans, determination letter applications due April 30, IRS reminds, 399; revised target date announced, 555
See specific subject matter
Legal
See ATTORNEYS
See ATTORNEYS' FEES
See specific unions
Elections for union representation
Airport screeners, AFGE files FLRA recognition petition, NTEU seeks election, 199; NTEU preparing petition to represent, 315; NTEU representation election petition filed, 324; bargaining rights possible major issue, Walsh, 347; TSA extension to respond, 364; TSA asks FLRA to delay posting election to restrict eligible workers, 452; views on bargaining rights among issues for TSA director nominee, 613; FLRA will not comment on position, BNA Interview, 630; union petitions rejected, full appeal planned (FLRA), 666; GOP members of Senate panel urge TSA nominee to ban bargaining, 697; NTEU petition for FLRA guidance on impact of representation election without bargaining rights, 877; House members urge new administrator to recognize, FLRA to review regional director opinion, 936; more administration cooperation needed, AFGE, Council concerned about stalled negotiations, 1021; union heads optimistic after Pistole meeting, 1022; bargaining rights to be granted Nov. - Dec., AFGE web chat, 1051; TSA must hold election (FLRA), 1346; bargaining decision in next month, Pistole, Senate hearing, 1359
Card checks Fla., Pasco County, government workers vote to join IBT Local 79, 1186 Mo., workers who care for elderly and disabled people under Medicaid program chose Mo. Home Care Union, 554 Naval Weapons Station, Seal Beach, successful internet and phone election, FLRA, 232 Wis., workers who care for elderly and disabled people vote to be represented by SEIU, 583
See INVESTIGATIONS
Disability bias, postal worker separated for failure to report for 10 years, same facts in prior lawsuit (11h Cir.), 1070
Race and religious bias, prison superintendents sued as individuals, privity in Va. Corr. Dep't grievances (4th Cir.), 1460 Race bias
Prior state court action, N.Y. Sheriff's Dep't, firing for false workers' compensation claim, voluntarily discontinued state suit (2d Cir.), 1221
Retaliation, claims by fired Mich. corrections officer with history of bias complaints (6th Cir.), 467
See ARMED SERVICES
N.J., N. Hudson Reg'l Fire & Rescue, new rules disproportionately excluded qualified black candidates (D.N.J.), 1192
Race bias, reconsideration of injunction barring narrow range, disparate impact on black applicants (3d Cir.), 337; injunction vacated, more likely city can prevail to challenge by black candidates, 561
Adverse action, VA medical technologist failed to show, evidence from separate case in different court (5th Cir.), 826
Audit report, hazardous substances in soil of family housing, attorney report implicating Army officials within job duties (Fed. Cir.), 1189 Case Notes, 656; 723; 1037; 1168 Disability bias
ADA
State law claims Employee status, former Fla. teacher, mentoring program, retaliatory post-employment actions (Fla. Dist. Ct. App.), 1036 First Amendment
See FIRST AMENDMENT
Jurisdiction, former FAA worker denied private aircraft inspection job, claims intertwined (5th Cir.), 1373 Misconduct, reports to supervisor about co-workers selling bootlegged DVD and preferences to black workers, free speech (2d Cir.), 464 National origin bias, transferring attorney into international affairs office sufficiently adverse, non-legal duties (D.C. Cir.), 528 Native Americans, building services worker complaint, promotion denial, interviewers' shirts with chief mascot logo (7th Cir.), 752 Overtime, Los Angeles police officer fired after colleague's FLSA case testimony, jury award (C.D. Cal.), 1303 Pregnancy bias, attorneys' fees, N.Y. park police, light duty assignments (E.D.N.Y.), 49 Prohibited practices, MSPB reexamining, earlier findings summary, 735 Protected activity, participation, promotion denial, Army substance abuse director not qualified for job (5th Cir.), 1099 Race bias Religious bias Sexual harassment Waiver, USDA worker denied vacant job, accord bars all claims before signing (1st Cir.), 916 Whistleblower protection
See WHISTLEBLOWERS
Bankruptcy, Ch. 9, potential for tidal wave of municipal filings looming, 1081
Contract, Taking, and equal protection clauses, Omaha, Neb. barred from hiking premiums (D. Neb.), 827 Early Retiree Reinsurance, SSA accepts applicants, reimbursement for medical claims to start, PPACA, 1063; more employers and unions accepted, 1186 Federal employees N.Y., expand access, improve quality, control costs, task force report, 780; state and local governments, estimated unfunded liability, report, 1211 Ohio, Cincinnati, supplemental jurisdiction over state law claims, retirees challenge law on payment (6th Cir.), 1433 State and local governments, fiscal condition decline due to rising costs, GAO report, 270 State and local workers
See also specific states or types of public employees
403(b) plans
See 403(b) PLANS
Funding shortage drop, last 6 months, 2008, report, 209 Vesting
See VESTING
Benefits, state and local
See STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT; specific states
See EARLY RETIREMENT
See 403(b) PLANS
See PENSIONS
Social Security benefits Voluntary, MSPB jurisdiction, TSA specialist left before downgrade without pay loss (Fed. Cir.), 241
Race bias
Caucasian managers forced out to replace with minorities, employer status of Wash. area utility, subject to Md. county laws (Md.), 654
CEO plan to replace white managers with African Americans, Ga. county workers get damages (N.D. Ga.), 427 Discipline, firefighters demoted, transferred, and suspended after black co-worker tricked him into eating dog food (Cal. Ct. App.), 311 Eligibility list, white firefighter claim for letting promotion test ranking expire while reviewing objections of black firefighter advocacy group (S.D.N.Y.), 651 Equal protection, white police lieutenants denied promotions, lower ranked black officers promoted (7th Cir.), 1160 Intentional bias
Underfilling, proof New Haven Fire Dept. practice favored nonminorities (Conn.), 12; firefighters' case may make proof easier, ABA, 414; 2003 lieutenant promotional exam, disparate impact on black candidates (D. Conn.), 593; impact limited, applicability to private sector, Analysis and Perspective, 1409
White applicant denied principal job at predominantly black middle school (N.D. Miss.), 162 Promotions
Choosing other candidates, white firefighters failed to show race caused (7th Cir.), 433
Retaliation, USAID denial and poor performance review after suit (D.C. Cir.), 754 Res judicata, white N.J. firefighters claim harassment, retaliation, and hostile environment, state court accord (D.N.J.), 187 Retaliation after shooting black child, award to white police officer cut (N.D. Ohio), 338
Case Notes, 412
Retiree health benefits, reduction of contributions after AFSCME pact end, Contract Clause (D.R.I.), 501 Statute of limitations, civil rights law extended, veto overridden, 66
First Amend., Ind. judicial code limits on campaigning and fundraising, must be elected and prosecuted (7th Cir.), 1065
See INFRASTRUCTURE
See INVESTIGATIONS
See also generally specific agencies and department
Rulemaking, proper notices by U.S. agencies, legality of notices questions, CRS report, 37; not all agencies sending copies of significant rules to GAO after notice, GAO report, 37; agencies better at submitting proposed rules, failure to submit may invalidate, 95
USPS, pact talks start, statement, 1087; impasse reached, talks continue, 1394
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