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Vol. 32, Nos. 1-25, pp. 1-742; and Vol. 33, Nos. 1-18, pp. 1-546 Jan. 7 -- Nov. 4, 2009 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
ABETTING
– Disability discrimination, paper mill worker fired after she failed “physical capacity evaluation” while returning from knee surgery may sue, test conducted by therapists was a “medical examination” (9th Cir.), 33:444
– Provider Conscience Regulation
– – Rescission of rule proposed by HHS, 32:289
– – States sue to block HHS healthcare worker rule (D. Conn.), In Brief, 32:128
– Attendance
See ATTENDANCE
See specific types of leave
– – Family and medical leave
– Disability discrimination and ERISA, trial court's failure to abstain from disability benefits plan challenge in error, preemption determination was not “facially conclusive” (1st Cir.), 33:131
– Recusal
See RECUSAL
– Bullying in the workplace spurs litigation and legislation, Analysis, 33:241
– FMLA and sex discrimination, automotive parts employee cannot prove sex bias in firing, male manager given suspension had only one offense and showed remorse, leave request did not trigger retaliation, foul-mouthed female manager fired to scuttle organizing drive (E.D. Mich.), 32:589
– Privacy
See PRIVACY
– Injuries
– Del. governor signs law prohibiting sexual orientation bias in public accommodations, 33:66
– Kalamazoo, Mich. approves ordinance barring bias in employment, public accommodation, and housing against individuals on the basis of gender identity, 33:99 – Reasonable accommodation
See REASONABLE ACCOMMODATION
– – Disabilities
– – – ADA
– Racial and sex discrimination, summary judgment for OPM affirmed, black female EEOC lawyer fails to show bias in application process for ALJ job (D.D.C.), 32:420
– Family leave
– Age and sex discrimination
– – Navy employee's claims related to transfer to non-supervisory job rejected, adverse action not found when salary and opportunities retained (4th Cir.), 33:415
– – Nonrenewal of contract deemed adverse for prima facie suit, female Cornell Univ. contract teacher over 50 may sue (2d Cir.), 33:526
– – FedEx couriers' class claims on remand from Supreme Court dismissed, allegations did not establish that bias was “but-for” cause of adverse action and original charge not sufficiently similar to plaintiffs' claims to allow “piggybacking” (S.D.N.Y.), 33:268
– – Mechanic may sue, summary judgment denied on firing claim, sufficient evidence presented that worker did not voluntary quit or abandon his job (S.D. Ala.), 33:235 – – Navy police officer's disparate impact and treatment claims over more rigorous training program rejected (11th Cir.), 32:6 – FMLA and retaliation, performance improvement plan is not “materially adverse,” receptionist fired for refusal to sign plan (7th Cir.), 32:481 – National origin and racial discrimination, and retaliation, Hispanic insurance agent may sue for harassment, bias, and retaliation, worker denied “hot leads,” excluded from retirement center visit because residents may be “offended by her presence,” and subjected to comments about Mexicans (E.D. Wash.), 32:558 – Pregnancy discrimination, Mothers Work district manager may sue, firm placed the employee on unpaid leave to “consider” severance package, and placed on involuntary leave due to flying restriction (S.D. Tex.), 32:369 – Racial discrimination
– – HUD black government senior executive not recommended for Presidential Rank Award that includes a monetary bonus has no Title VII claim, adverse action not found where harm is speculative (D.C. Cir.), 32:351
– – Skin color, light-skinned Native Am. worker at Am. Indian health clinic could not prove she suffered an adverse action for disparate treatment claim (10th Cir.), 33:58 – Retaliation
– – Akin Gump attorney's claim dismissed, firm's counterclaims against employee for breach of duty of loyalty and tortious interference with economic advantage not materially adverse (D.D.C.), 32:367
– – Army engineering technician's claims are “de minimis and amount to nothing more than petty slights,” materially adverse action not found (6th Cir.), 32:635 – – Bureau of Indian Affairs water rights specialist's claims rejected, yelling by supervisor not adverse (D.C. Cir.), 32:56 – – Chicago city accident adjuster's claim rejected, yelling and staring not actionable (7th Cir.), 33:190 – – Construction worker's claim rejected, layoff was due to business slowdown and transfer not adverse (5th Cir.), 33:63 – – Corrections officer's claim fails, coworkers' actions were not sufficiently adverse for claim (8th Cir.), 33:385 – – Dairy Fresh employee's claim fails, assignment to work with specific coworker not adverse (E.D. Mich.), 32:739 – – Disclosure of age bias settlement amount in newspaper not proven claim under ADEA, plaintiff failed to show “material adversity” or that town leaked the information (2d Cir.), 32:7 – – DOD industrial security specialist's claims rejected, request for further documentation and refusal to lift restrictions in letter of instructions not adverse, denial of sick leave was financially adverse but that loss was not dispositive (4th Cir.), 33:128 – – EPA scientist reprimanded after filing sex bias charges may sue (M.D.N.C.), 33:333 – – Food processing plant worker's claim rejected, oral reprimands not sufficiently adverse (M.D. Ala.), 32:46 – – Maintenance supervisor presented insufficient evidence conditions of new job were materially adverse or resulted from her demand letter (11th Cir.), 32:349 – – Medical transcriptionist with degenerative disease denied voice recognition software as accommodation has no claim, mere denial of request is not “materially adverse” (E.D. La.), 32:495 – – Popeye worker's claim revived, manager held meeting only female workers and berated plaintiff, bonus check withheld (5th Cir.), 33:95 – – Program manager's claims rejected, employee was not fired or demoted (4th Cir.), 32:144 – – Supermarket worker who was placed under restroom surveillance after racial harassment claim may sue (D. Or.), 32:47 – – Travel duty and requests for medical updates are not adverse, USPS worker's claim rejected (11th Cir.), 33:9 – – Truck driver's claim over “correction notice” rejected, dismissal affirmed (8th Cir.), 32:728 – – Truck plant worker's claim rejected, reassignment was not adverse (W.D.N.C.), 33:296 – – Verizon female sales engineer's claims rejected, evaluation of “meets expectations,” withdrawal of job posting, transfer, and other actions not adverse (2d Cir.), 33:125 – – Wichita, Kan., 3 female officers' claims properly denied, plaintiffs failed to establish adverse employment actions in duty assignments and fitness exam (10th Cir.), 32:264 – Sex discrimination, female welder not provided equivalent restroom facilities may sue (W.D. Ky.), 32:590 – Sexual harassment, female Verizon technician's disparate treatment claim related to unisex bathrooms rejected, no adverse action shown (S.D.N.Y.), 32:217 – Sexual orientation discrimination, summary judgment granted on gay Gibson Guitar worker's claim, bias claim fails because no discriminatory actions were identified (S.D.N.Y.), 32:453
– Ariz., proposed constitutional amendment banning preferential treatment on race and gender to be decided by voters in 2010, In Brief, 33:17
– Construction industry
– – Democratic lawmakers say DOL should raise goals for use of female workers in federal projects, 33:440
– – Recordkeeping, contractors must maintain adequate employment records, OFCCP official says, 33:210 – Hispanics in federal employment, work group's report submitted to EEOC, 32:81 – Hospitals receiving payments from a health plan providing services to U.S. government employees are federal subcontractor and must produce affirmative action plans and provide documents to OFCCP (DOL ARB), 33:177 – OFCCP
See generally DEFENSES
– Ed. Note: This heading primarily covers state, international law, and non-ADEA claims. For cases involving ADEA or both state and ADEA claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).
– Ala., fired vice president failed to establish prima facie case, he was not replaced (Ala. Civ. App.), 33:476 – California
– – “Discretionary act immunity” does not shield public employers from direct liability under FEHA, court may sue be sued for hiring bias (Cal. Ct. App.), 32:12
– – Statutes of limitations, time to appeal adverse ruling not tolled due to failure to file affidavit or declaration with motion for reconsideration (Cal. Ct. App.), 33:133 – EU legislation prohibiting bias in employment allows EU members to impose law requiring mandatory retirement pursuant only to a “legitimate social policy” (E.C.J.), 32:290 – Government Employee Rights Act, older guard fired 17 days after misdemeanor citations issued has no claim even though younger guard was retained for 63 days after his arrest, employees were removed under different regulations (8th Cir.), 32:388 – Ind., governor signs bill raising the maximum age limit for bias claims from 70 to 75, 32:671 – Iowa governor signs law that incorporates federal Lilly Ledbetter Fair Pay Act, 32:549 – Kentucky
– – JPMorgan bank manager over 60 cannot prove claims, employee fired for failure to return from disability leave, insufficient evidence presented to rebut firing decision, isolated comments insufficient for harassment (W.D. Ky.), 32:561
– – Redistribution of duties among other managers is not a replacement, firing of 57-old baking firm manager upheld (6th Cir.), 32:298 – Minn., 3M certification issue remanded, federal standard requiring proof of certification factors by a preponderance of evidence and a resolution of expert disputes adopted (Minn. Ct. App.), 32:556 – Montana
– – Evidence, admission of state civil rights agency's investigation finding of “no cause” because plaintiff failed to object by trial deadline deemed reversible error and improper “sanction” (Mont.), 33:356
– – Hiring, 35-year-old firefighter applicant rejected due to state law barring appointment is not entitled to relief despite unconstitutional provision, plaintiff could not prove county acted in “malice or corruption” (Mont.), 33:261 – N.Y., subject matter jurisdiction found over claim that Manhattan office of Parade Publication made allegedly biased firing decision of managing director in Atlanta (N.Y. Sup. Ct. App. Div.), 32:643 – Ohio
– – Arbitration, action barred, Case Notes, 33:66
– – Election of remedies, nurse's assistant's filing of bias complaint with EEOC constituted an election, summary dismissal of state law claim affirmed (Ohio Ct. App.), 32:579 – – Hourly employees allege bias in severance benefits, claims preempted by LMRA (6th Cir.), 32:37 – – New York Life managing partner's $6M compensatory damages award affirmed, $10M punitives award set aside as excessive by at least $4M, remanded (6th Cir.), 32:327 – – Transfer denial, summary judgment improper on firefighter's claim (Ohio Ct. App.), 33:504 – P.R., derivative local law claims of demoted J.C. Penney worker's relatives time-barred, limit period not tolled by EEOC process (1st Cir.), 33:15 – Sanctions, magistrate's sua sponte imposition of Rule 11 sanctions on attorney reversed for legal errors, Rule 11(b)(3) does not require separate identification of “fact” and “inference” (D.C. Cir.), 33:219 – Tex., firing of Frito-Lay sales representative for removing expiration dates from products with his saliva upheld (Tex. Ct. App.), 32:643 – Utah, reduction of workers' compensation benefits, Case Notes, 32:614
– Ed. Note: This heading includes ADEA and combined state and ADEA claims. For cases involving only state law claims or non-ADEA claims, see AGE DISCRIMINATION.
– Adverse actions
– – Nonrenewal of employment contracts deemed adverse for prima facie suit, Cornell Univ. contract teacher over 50 may sue (2d Cir.), 33:526
– – Treasury Dep't employee could not prove evaluation score was an “ultimate employment decision” (5th Cir.), 33:7
– – Collective bargaining pact requires arbitration of statutory claims and waiver of right to sue, decision on enforceability of pact expected in June (U.S.), Special Report, 32:164; pact that “clearly and unmistakably” requires arbitration enforceable (dec), 32:377; AFL-CIO lawyer says ruling could have adverse impact on unions, 32:426; Indus. Liaison Group conference panelists debate impact on contract negotiators, 33:207
– – Teacher and part-time administrator who agree to “Christian conciliation” must submit claims (S.D. Ind.), 33:395 – – Trucking terminal operations manager must submit her claims, merger clause in job application form did not preclude the dispute resolution agreement she signed the same day (1st Cir.), 32:18 – Burden of proof
– – Assisted living facility director's claim revived, management wanted “youth oriented company” and told her to fire employees who were “old and slow” (8th Cir.), 33:414
– – Baseball umpire may sue for denial of playoff assignment and nonrenewal of contract, poor performance and gambling explanation undercut (D.N.J.), 33:23 – – Bureau of Indian Affairs water rights specialist's claims rejected (D.C. Cir.), 32:56 – – Calumet Park police officer failed to provide sufficient evidence under direct and indirect methods about bias in assignments and discipline (7th Cir.), 32:207 – – Eighty-year-old fired office manager may sue, owner's wife's comment that the employee was “too old and too crippled to work” is direct evidence of bias (S.D. Ga.), 32:423 – – Executive administrative assistant's promotion denial and retaliation claims revived, plaintiff presented direct evidence of bias attributable to employer, vice president of human resources said the firm wanted “longevity” (6th Cir.), 32:267 – – Financial officer's claims against shoe importer and executives reinstated, 62-year-old replaced by 26-year-old, fired worker offered to work for less money than replacement worker, alleged financial condition of firm may be pretext (2d Cir.), 32:35 – – Foundry worker allegedly fired for naps may sue, claim for reduction of hours rejected (N.D. Ind.), 32:681 – – JP Morgan Chase sales group leader fired at 56 for alleged leadership issues and replaced by 40-year-old may sue (2d Cir.), 33:10 – – Manufacturing employee fired for accepting gifts from suppliers and theft has raised triable pretext issue, claim revived, McDonnell Douglas burden-shifting on indirect evidence applies (1st Cir.), 33:498 – – Mechanic who claimed boss called him an “old son of a bitch” and “old bastard” may sue on harassment, summary judgment denied also on firing claim, sufficient evidence presented that worker did not voluntary quit or abandon his job (S.D. Ala.), 33:235 – – Park employee allegedly mocked being too old and slow may sue for harassment, “severe and pervasive” mistreatment evidence presented (S.D. Tex.), 33:142 – – Patent attorney fired at 52 failed to show age was “but for” factor in his discharge (3d Cir.), 33:501 – – Pattern-or-practice framework may be used by RIFed Weyerhauser employees to show harm (10th Cir.), 33:363 – – Program manager's claims rejected, alleged statement about readiness to retire insufficient for promotion denial claim (4th Cir.), 32:144 – – Protecting Older Workers Against Discrimination Act – – Saks sales employees' $614K verdict overturned, insufficient evidence to support liability under “cat's paw” theory (S.D. Fla.), 32:62 – – VA nurse loses several EEO suits, affirmed (3d Cir.), 33:531 – – Wyeth 50-year-old employee cannot show bias in denial of work assignments, promotions, and firing for poor performance, retaliation claim may proceed due causal link (E.D. Va.), 32:588
– – Discovery, EEOC may conduct discovery on reinstated action over Exxon Mobil's policy of grounding corporate pilots at 60 (5th Cir.), 33:352
– – FedEx couriers' claims on remand from Supreme Court dismissed, allegations did not establish that bias was “but-for” cause of adverse action and original charge not sufficiently similar to plaintiffs' claims to allow “piggybacking” (S.D.N.Y.), 33:268 – – Miss. public workers' claims against Rehabilitation Servs. Dep't executives rejected, no individual liability found under statute (5th Cir.), 32:210 – – Reinstatement, AT&T refusal to rehire early retirees, EEOC files suit (S.D.N.Y.), 33:327 – – Trash disposal firm employees do not have pattern-or-practice claim for alleged “under employing,” EEOC lacks statistical evidence, individual disparate treatment claims may proceed (D. Nev.), 32:309
– – Bristol-Myers salesperson barred from bias claims by prior administrative ruling under Sarbanes-Oxley Act (3d Cir.), 32:477
– – Retaliatory discharge claim not precluded by state agency's prior ruling, ADEA provides for a detailed administrative remedy (5th Cir.), 32:445; (U.S., rev den), 33:463 – Damages
– – Allstate resolves disparate impact claims related to sales force rehiring policy for $4.5M (E.D. Mo.), 33:359
– – Garment manufacturer to pay $1.7M to resolve claims of harassed older worker (D.N. Mar. I.), 33:265 – – Hospitals
– – – Alaskan hospital to pay $220K to surgery aides and anesthesia technicians who were laid off and not rehired, younger workers hired to replace them (D. Alaska), 32:701
– – – Penn. hospital's liability for $270K in damages for fired nurse upheld, indirect proof of bias sufficient (3d Cir.), 32:456 – – Phoenix-area military contractor to pay $40K for bias (D. Ariz.), 33:18 – – Photo finishing services firm to pay $272K to resolve biased RIF claims (D. Conn.), 32:416 – – Schools
– – – Alpine district to pay $135K to resolve firing and hiring claims of teachers (D. Utah), 32:183
– – – Stillwater district to pay $137K for hiring refusal of 56-year-old worker as athletic director (D. Minn.), 32:150
– – Army civilian employee may proceed with discovery on claims based on security clearance nonrenewal (D.D.C.), 33:335
– – Kmart store manager who alleges bias in firing is entitled to production of all charges, notices of intent to sue, complaints, and related documents of age bias claims within in his division in the last 6 years (D.S.D.), In Brief, 32:65 – – Sanctions, pro se plaintiff's claims properly dismissed for noncompliance with discovery orders (2d Cir.), 32:266 – EEOC
– – Proposed rule on “reasonable factors other than age” defense expected soon, 32:569
– – Settlements, digest, 32:646; 33:105 – – Technical assistance guidance issued, 33:89
– – Insurance agents may sue for firing despite claim they were not “employees,” agents were “captive agents” prohibited from selling products for other firms without prior approval (D.S.D.), 32:399
– – Medical products sale representative's claim rejected because he was an independent contractor, 13 factors including tax treatment and control considered (N.D.N.Y.), 32:399 – Exhaustion of remedies, former computer operator for investment firm allegedly fired for filing charges does not need to file new charge to sue for retaliation, her bias charge was no longer pending and properly dismissed for failure to exhaust (4th Cir.), 32:86 – Fact-finding insufficient for review, selection committee member's remarks omitted, remand (8th Cir.), 32:139 – First Amend., elementary school teacher fired at 53 could not sue, school shielded by First Amendment's “ministerial exception,” functional approach used to determine if job is important to the “pastoral mission” (Wis.), 33:194 – Hiring
– – Financial services firm mistakenly sent e-mail to applicant that stated, “He must be old-and just looking for something to do,” 46-year-old applicant may sue (D. Idaho), 33:75
– – Greensboro, N.C. sued by EEOC for selection of “substantially younger” applicants, 58-year-old rejected for electronic processes specialist job (M.N.D.C.), 33:298 – Independent contractor, employer may be liable for contractor's bias under actual and apparent agency theories (2d Cir.), 33:342 – Jurisdiction, foreign-based United Airlines flight attendant cannot sue, employee was not a U.S. citizen and work was mostly performed outside U.S. (N.D. Ill.), 33:330 – Jury instruction, “Price Waterhouse rule” requires direct proof for instruction in disparate treatment case, decision on mixed-motive standard expected in June (U.S.), Special Report, 32:164; (oral arg), 32:378; employees must prove age was “but for” cause of action, burden shifting rejected in ADEA suits (dec), 32:717; U.S. Chamber of Commerce briefing, attorneys comment on recent rulings, 33:5; EEOC meeting, witnesses criticize ruling, 33:89; ABA conference, experts discuss impact, 33:116 – Layoffs, purchasing agent could not show younger hire “replaced” him and that the economic justification was pretext (6th Cir.), 32:209 – Lilly Ledbetter Fair Pay Act
– – ALI-ABA teleconference, practitioners discuss impact, 32:253
– – Bill – – El Paso cash balance plan participants' claims reinstated, Act applied (D. Colo.), 33:365 – – Industry Liaison Group conference, speakers debate impact, 33:204
– – Drug firm violated law by forcing patent attorney to retire at 65, “bona fide executive” exemption not applicable (D. Conn.), 33:399
– – FAA issues final rule increasing the retirement age for airline pilots to 65, 33:123 – – Foreign Serv. officer challenges 65 limit on postings and retirement policy (D.D.C.), 33:482 – – Pastor's claim barred by ministerial exception (2d Cir.), 33:469 – – P.R. law requiring police officers to retire at age 55 if they have completed 30 years of service does not violate ADEA (1st Cir.), 33:93
– – Cingular Wireless salesperson fails to show pretext in firing for violation of company policy, employee failed to ask for a piece of identification, summary judgment affirmed (6th Cir.), 32:732
– – Convenience store manager unable to explain cash shortage and had thrown away records, firing upheld (5th Cir.), 32:546 – – Liquor store manager fired after failure to adopt invoicing procedure may sue, company did not follow disciplinary steps and younger similarly situated employees treated more favorably (2d Cir.), 33:499 – – Lowe's store manager fired for improper discount not bias (5th Cir.), 32:547 – – Pepsi sales account manager fired for kickbacks not bias (3d Cir.), 33:471 – – Pfizer sales representative fired for violations of company policy not bias (10th Cir.), 32:84 – – Popcorn plant shift leader was fired for safety violations related to respirator use, employer with zero tolerance policy granted summary judgment (S.D. Ind.), 33:113 – – Pornography, firing of oil field worker for porn site computer searches upheld (5th Cir.), 33:449 – – UPS worker failed to show bias in firing for instructing drivers to adjust delivery dates, no proof presented that younger white workers treated more favorably (5th Cir.), 32:513
See Retirement, this heading
– – Accounting officer for dirt track racing promotion firm may sue, firing for abusive management style came after refusal of relocation (W.D. Okla.), 33:485
– – Akin Gump attorney fired at 51 could not rebut independent investigation of his low billable hours and work product (D.D.C.), 32:367 – – Bank officer's firing for under performance and insubordination upheld (4th Cir.), 32:177 – – Human resources manager established prima facie case but it could not overcome employer's legitimate reasons for firing him, worker had interpersonal relationship issues (M.D. Fla.), 33:513 – – Husband's firing after wife's termination upheld, firm believed employee's performance would be subpar (2d Cir.), In Brief, 33:355 – – Local government employee may sue for firing, issue of influence of prior discipline imposed by allegedly biased supervisor on firing raised (D. Nev.), 32:308 – – Music teacher unable to prove nonrenewal due to age and not performance (3d Cir.), 33:443 – – Pest-control sales representative fired at 69 may sue despite not meeting Terminex's sales targets (S.D. Ind.), 33:173 – – Research and development engineer fired for substandard work not bias, pretext not shown and claims litigated in state court dismissed (3d Cir.), 32:638 – – Salesman may sue for firing, derogatory comments of “grandpa” and “old man” made by manager sufficient to proceed (E.D. Pa.), 32:249 – – Verizon business solutions consultant had one successful sales effort in 17 months, firing after merger upheld, employee had obsolete skills set, cat's paw theory rejected (7th Cir.), 33:223 – – Vice president of technology fired for work issues and attitude may sue, termination was to make room for “more energetic person” (4th Cir.), 33:528 – Promotions
– – Akron firefighters awarded $1.9M for disparate treatment related to testing (N.D. Ohio), 32:93
– – Border Patrol's selection of younger agent not bias, “Jurassic” comment not sufficient evidence, agent was qualified and employer wanted “cross-pollination” (S.D. Tex.), 33:48 – – CVS employee with longest tenure could not show bias in nonselection (11th Cir.), 33:131 – – Electrical worker unable to prove bias in foreman job denial, employee not an experienced lead lineman (5th Cir.), 32:730 – – Interior Dep't auditor cannot prove bias in denial, experience was only one factor, successful candidate had better interpersonal skills and his written work was more “polished” (3d Cir.), 32:666 – – Patent and Trademark employees who claim bias for denial of “accretion of duties” promotions do not have prima facie suit, younger white male worker was not “similarly situated” (E.D. Va.), 32:653 – – Security officer repeatedly passed over for younger less qualified candidates may sue (S.D. Tex.), 32:44 – – Union organizer's claims for nonselection revived, employment decision made at headquarters sufficient for local jurisdiction even though employee who worked outside D.C. (D.C.), 33:418 – – Utility worker did not prove nonselection due to bias (6th Cir.), 33:448 – Retirement
– – Early, Fort Lauderdale's program for police officers not discriminatory, valid OWBPA waivers signed, claims dismissed (S.D. Fla.), 32:127; Lilly Ledbetter Fair Pay Act inapplicable, waivers valid (11th Cir.), 33:446
– – Health insurance coverage, current city employees' challenge of discontinued coverage unripe, retired workers entitled to discovery and issue of deprivation of vested property rights certified to Supreme Court (9th Cir.), 32:609 – – Mandatory
See Mandatory retirement, this heading
– – – Baltimore County plan that requires older new hires to pay more into plan upheld (D. Md.), 32:192
– – – Northwest Airlines' “target date” defined contribution plan upheld (D. Minn.), 32:218 – – – United Way's cash balance plan upheld (S.D. Tex.), 32:94 – RIFs
– – Administrative specialist fired at 56 may sue, vice president made remarks about hiring “young” female talent and new specialist job was created (M.D. Fla.), 33:510
– – Budget officer for electronics manufacturer fired at 60 may sue, younger employer assumed 75 percent of his job, severance waiver that was not “knowing and voluntary” does not bar suit (D.N.J.), 33:115 – – Hotel security guard's firing claim may proceed despite employer' restructuring to full-time staff (S.D.N.Y.), 32:340 – – Judicial estoppel, claim of worker who did not disclose claim to the bankruptcy court for 6 months is estopped, claims of 2 other workers revived, similarly situated younger employees allegedly retained (7th Cir.), 33:40 – – Supervisor may sue, plaintiff raised issued over genuineness of RIF (N.D. Ohio), 32:126 – – Tower Automotive 62-year-old employee who was terminated and not replaced did not meet heightened “but-for” standard for prima facie case (6th Cir.), 33:347 – Settlements
– – Failure to report earlier breach in SBA agreement for neutral reference calls did not waive right to claim in later breach (D.D.C.), 33:483
– – Jurisdiction found in federal employee's rescission claim, worker asserts that he was mentally incompetent to execute waiver (10th Cir.), 32:575
– – EEOC suit against university not barred, monetary damages may be requested as relief (5th Cir.), 32:206
– – Nev. school worker cannot sue state entity (9th Cir.), 32:235
– – Army engineering technician's bias claims for promotion and training denials are time-barred (6th Cir.), 32:635
– – Equitable tolling applicable to USPS worker's promotion denial claim, worker only had “mere suspicion” of bias when rejection notice issued, claim ripened when plaintiff knew younger coworker filled the position, summary judgment vacated (11th Cir.), 32:208 – – Federal Reserve employee's bias claim related to promotion untimely, dismissal affirmed (D.C. Cir.), 32:320 – – Termination is discrete act, Case Notes, 33:474 – Transfers
– – Bilingual counselor could not show bias in reassignment to computer teaching job (E.D. Mich.), 32:45
– – County administrative assistant relocated to another supervisor and replaced by younger employer, suspension and firing for sleeping on the job upheld, bias not found (10th Cir.), 32:641 – – Navy employee's claims related to reassignment to non-supervisory job and later elimination of position rejected, worker did not meet job expectations and reassignment was not adverse (4th Cir.), 33:415 – – UPS manager may sue, requests of younger coworkers granted (E.D. Ark.), 32:121
– – Allstate agents' suit challenging reorganization reinstated, agents may conduct discovery on employer's transition plan turn agents into independent contractors (3d Cir.), 33:221
– – Settlement's general release for race bias claim held void when revocation clause stripped (6th Cir.), 33:257
See specific states
– Sexual harassment, male corporate executive may be sue individually under state law as an “aider and abettor” (E.D.N.Y.), 33:426
– Failure to accommodate, HIV-positive instructor's disqualification from class assignments due to failure to obtain master's degree, claims rejected, reasonable accommodation must exist for successful FEHA interactive process claim (Cal. Ct. App.), 32:611
– Hiring, restaurant's refusal of HIV-positive applicant upheld, applicant is not a “qualified individual with a disability,” limit on major life activity not shown, EEOC's attempted to introduce evidence on AIDS rejected, en banc rehearing denied (7th Cir.), 32:173
– Age discrimination, Continental pilots over 60 could not proceed with claims that their union violated ADEA and Railway Labor Act when it grieved the employer's decision to maintain the pilots' seniority, claims have not ripened (D.D.C.), 33:141
– Age discrimination, fired vice president failed to establish prima facie case, he was not replaced (Ala. Civ. App.), 33:476
– Attorneys' fees, state bar controls on whether law firm may collect both contingency fees and statutory fees awarded in federal civil law rights suit (Ala. Civ. App.), 32:554 – Florence, sex discrimination, retaliation, and Equal Pay Act, parks and recreation director demoted to maintenance supervisor cannot prove her claims (11th Cir.), 32:349 – Mobile, racial and sex discrimination, Urban Dev. and Pub. Servs. Dep't worker failed to show pretext in promotion denial and reassignment of some duties (11th Cir.), 32:413
– Racial and sex discrimination, GERA abrogates immunity for claims asserting 14th Amend. violations, employees who worked in governor's office may sue, state petition for review of EEOC decision denied (9th Cir.), 32:572
– Abuse
– Testing
– Disability discrimination, Detroit city planner with perfume sensitivity settles failure to accommodate claims (E.D. Mich.), 33:165
– Contingency fee agreement that was ambiguous construed against drafting attorney, plaintiff's attorney only entitled to a percentage of the settlement and not the verdict (Wash. Ct. App.), 32:119
See NATIVE AMERICANS
– Industry Liaison Group conference, OFCCP
– – Management attorney discusses focus on construction industry, 33:209
– – Regional officials discuss contractor obligations under stimulus package, 33:205
– Ed. Note: This heading includes ADA and combined ADA and state law claims. For cases involving state law claims and general stories on disabled individuals, see DISABLED EMPLOYEES.
– ADA Amendments Act
– – D.C. Water & Sewer employee not “disabled,” retroactive application rejected, summary judgment affirmed (D.C. Cir.), 33:152
– – EEOC is working on proposed rules, 32:466; proposed rule expected soon, 32:569; notice of proposed rulemaking approved, 32:720; Natl. Employment Law Inst. teleconference, speakers say portion of rule may conflict with law's intent, 33:79; commission members approve proposed rule implementing ADAAA, 33:375; town hall meetings scheduled, 33:439; ABA meeting, commission officials discuss rules, 33:544 – – National Employment Lawyers Ass'n, panelists say disability will be easier to prove and focus of litigation will change, 33:544 – – Supreme Court interpretations still apply to pre-2009 claim, summary judgment on “regarded as” claim affirmed (N.D. Ind.), 33:511
– – Cost splitting, Ford dealer's provision not illegal, clause allows unilateral waiver of fees (6th Cir.), 32:647
– – Diabetic police officer's submission to arbitration does not bar claim under ADA, but constructive discharge claim fails on failure to show intolerable conditions, city failed to accommodate meal break once (D. Md.), 33:166 – – Philadelphia Eagles' communications director must submit her claims, she signed an agreement her first day of employment (E.D. Pa.), 33:106 – – Resignation without notice, arbitration ruling on bargaining pact does not prohibit relitigation of issue in related ADA action (U.S., rev den), In Brief, 32:252 – – Teacher and part-time administrator who agree to “Christian conciliation” must submit claims (S.D. Ind.), 33:395 – – Union allowed to control which claims went to arbitration, employee cannot be compelled (S.D.N.Y.), 32:704
– – Insurance firm employee fired after requesting leave for care of child with Down's syndrome has no claim, ADA claim requires bias against disability not leave request, employer knew of child's condition for years (3d Cir.), 33:410
– – Program manager for firm that provides services to the developmentally disabled cannot prove “discriminatory motive” in firing for disloyalty (N.D. Okla.), 32:339
– – EEOC should have known after charging party's deposition that it lacked a triable claim, $225K fee and cost award upheld (5th Cir.), 32:110
– – Manhattan lawyer's rates improperly awarded instead of lower rates charged in Brooklyn where case litigated, plaintiff needed to prove selection of out-of-district counsel “likely to produce substantially better net result” to overcome presumption favoring in-district rates (2d Cir.), 33:232 – Class action certification for pattern-or-practice case overturned, UPS policy prohibiting workers on medical leave from returning if they have medical restrictions does not violate law unless it is applied against a “qualified” individual (3d Cir.), 33:198 – Damages
– – Insurance salesman's verdict for back pay and $50K for emotional distress upheld, employer failed to accommodated bipolar disorder (1st Cir.), 32:148
– – Machine tool salesman's $475K verdict for firing upheld, sufficient evidence that employee “regarded as” disabled (8th Cir.), 32:645 – – Medical practice to pay $112K to female employee, worker was fired while undergoing breast cancer treatment (D. Md.), 33:164 – – Overtime, United Airlines to pay $850K to settle class claims of disabled workers on light duty not offered overtime (N.D. Cal.), 32:361 – – Pittsburgh hospital to pay $100K to resolve accommodation and firing claims of cancer survivor/employee (W.D. Pa.), 32:615 – – St. Louis Rams football team to pay $134K for firing of assistant trainer with seizure disorder (E.D. Mo.), 33:294 – – Sears and EEOC resolve class action over “inflexible” policy of firing injured workers who had exhausted their workers' compensation leave, $6.2M payout approved (N.D. Ill.), 33:452 – – Subway manager's $150K verdict affirmed, sufficient proof of harassment for hearing impairment offered (5th Cir.), 32:329
– – Diabetic welder fired after low-blood sugar incident that made him aggressive has no claim (N.D. Iowa), 33:172
– – Grain elevator worker's firing upheld, “regarded as” claim also fails, employee was unable to perform one particular job (E.D. Mich.), 32:159 – EEOC settlements, digest, 32:63; 32:93; 32:150; 32:584; 33:393 – Equitable relief, police communications operator cannot reopen federal claims under ADA and Rehabilitation Act when she voluntarily and knowingly abandoned the claims, excusable neglect and equitable tolling not appropriate or reasonable, dismissal affirmed (3d Cir.), 32:604 – Essential job functions
– – Clock repairer who lost leg not qualified (W.D. Mich.), 33:398
– – Coca-Cola franchisee account manager on prescription drugs for back pain prohibited from driving, firing upheld, employee cannot perform the essential function of driving (D. Utah), 32:710 – – Express clothing store's summary judgment reversed, reasonable jury may have found employee with vertigo was capable of performing essential functions (3d Cir.), 32:322 – – Physician assistant with fibromyalgia and osteoarthritis was not qualified, employee could not perform “essential” emergency training (10th Cir.), 33:382 – – Raytheon worker's firing and accommodation claims denied, depressed employee could not fulfill senior information systems job function of attendance (N.D. Tex.), 33:512 – – Southwest Airlines flight instructor who would nod off during work could not prove firing violated law, employee could not perform essential functions in a manner the airline could accommodate (U.S., rev den), In Brief, 32:503 – – Trucker could not prove pay, promotion, and discipline claims, supervisors said worker lacked a good attitude necessary for lead driver job (7th Cir.), 32:83
– – Admission of note regarding quadriplegic plaintiff's high settlement expectations for hiring refusal claim was harmless error given his lawyer's “overt request” for $3M during closing arguments (8th Cir.), 32:334
– – Burden of proof, Ethan Allen employee who has one hand cannot not show liability under “cat's paw” theory, independent investigation conducted, firing for facilitating an outside order in violation of conflict of interest policy upheld (11th Cir.), 32:515
– – Dismissal of postal clerk's claim affirmed, issue not briefed was deemed abandoned (11th Cir.), 32:324
– – Federal workers exhaust bias claims by initiating contract “with any agency official logically connected with the EEO process” and does not necessarily need a “counselor,” remanded and affirmed (9th Cir.), 33:152 – Health risk assessment required from all employees before participation in employer-funded health reimbursement arrangement likely violates law (EEOC opinion letter), 33:488 – Hiring
– – Food processing plant applicant's claim revived, employment agency identified deafness as area of “concern” (W.D. Wis.), 33:480
– – Restaurant's refusal of HIV-positive applicant upheld, applicant is not a “qualified individual with a disability,” limit on major life activity not shown, EEOC's attempted to introduce evidence on AIDS rejected, en banc rehearing denied (7th Cir.), 32:173 – – UPS hearing protocol to resolve claims of delivery job applicants in 10-year-old class action (N.D. Cal.), 32:737 – Judicial estoppel
– – Denver Newspaper employee is estopped from asserting claim due to his receipt of disability benefits (D. Colo.), 32:648
– – EEOC not barred from suit because charging party successfully applied for Social Security disability benefits, motion to amend answer to include affirmative defense denied (C.D. Ill.), 32:341 – – Telecommuting accommodation denied to worker with multiple sclerosis, employee may sue despite statements made on her disability benefits applications (3d Cir.), 33:186 – – Workers' compensation, receipt of benefits does not bar claim of Kohl's worker with back injury (N.D.N.Y.), 33:274
– – Conductor trainee job offer withdrawn due to obesity, federal trial court has diversity jurisdiction over state administrative agency ruling on obesity case, remanded (9th Cir.), 33:157
– – Dismissal of pro se plaintiff's complaint for failure of timely service improper, “good cause” under Rule 4(m) found where U.S. Marshal failed to effect service (11th Cir.), 33:445 – – Motion to vacate voluntary dismissal, Case Notes, 33:132 – Lilly Ledbetter Fair Pay Act
– – Drug test, deputy jailer applicant rejected due to positive PCP result in pre-employment test has no claim, plaintiff could not show failure to pass test was caused by “sleep epilepsy,” false positive result due to legally prescribed drug interaction not shown (W.D. Ky.), 32:652
– – Firefighter fails to prove that repeated fitness-for-duty evaluations amounted to bias (7th Cir.), 33:281 – – GM established business necessity for testing millwrights (E.D. Mich.), 32:20 – – Health insurance, county's requirement that employee participate in clinical health risk assessment to be eligible for plan likely violates law (EEOC opinion letter), 32:627 – – Paper mill worker fired after she failed “physical capacity evaluation” while returning from knee surgery may sue, test conducted by therapists was a “medical examination” (9th Cir.), 33:444 – Pensions, Social Security benefits offset, retired GM employees lacked standing under ADA's Title I to challenge pension reduction (U.S., rev den), In Brief, 33:34 – Performance, medical resident with attention deficit order terminated for harassment and poor performance has no accommodation or bias claims (4th Cir.), 32:693 – Physical qualification standards, employer not subject to Federal Motor Carrier Safety Admin. standards cannot voluntarily follow those standards when evaluating an employee, standard must be job-related and consistent with a business necessity (EEOC opinion letter), 32:469 – Preemption, trial court's failure to abstain from disability benefits plan challenge in error, preemption determination was not “facially conclusive” (1st Cir.), 33:131 – Reasonable accommodation
– – Accounting clerk “angrily” granted one request but required to return some of the equipment to another employee may sue for failure to accommodate (E.D. Mo.), 32:623
– – Allergies, Detroit city planner with perfume sensitivity settles failure to accommodate claims (E.D. Mich.), 33:165 – – Fred Store's manager firing after cancer surgery upheld, return date not given and employer should not have to wait indefinitely (8th Cir.), 32:516; (U.S., rev den), 33:463 – – Interactive process
– – – Manufacturing firm employee who was not qualified for job does not establish prima facie case regardless of whether the employer pursued an interactive process to accommodate (2d Cir.), 33:442
– – – Nurse's claim revived, employer was required to engage in process to determine appropriate accommodation for shoulder injury (6th Cir.), 32:664 – – – Parks director may sue for failure to accommodate cognitive disorder (N.D. Cal,.), 33:332 – – Part-time work, Bureau of Prisons psychiatrist's claim over accommodation for hepatitis rejected (5th Cir.), 32:636 – – Restroom need, diabetic manufacturing employee fired for urinating on plant floor has no firing claim, but may proceed with accommodation issue (N.D. Ill.), 32:397 – – School bus driver unable to take drug test due to shy bladder syndrome may sue for failure to accommodate (M.D. Tenn.), 33:174 – – Transfers
– – – Police officer's claim rejected, she did not identify any vacant jobs available for reassignment (10th Cir.), 33:8
– – – Records technician's claim related to transfer fails, employer did not have knowledge of employee's condition (11th Cir.), 32:576 – – – Teacher's claim reinstated, employee with seasonal affective disorder refused move to classroom with natural light (7th Cir.), 33:470 – – Waiver of written certification exam, no bias in denial for dyslexic teacher (2d Cir.), 32:725
– – Coal miner's claim rejected, firing letter referenced restrictions but no proof offered that company though him limited in ability to perform either a class or range of jobs (10th Cir.), 33:67
– – Colorblind police officer applicant not show certifying agency regarded him as disabled, sovereign immunity successfully raised (E.D. Pa.), 32:400 – – County administrative assistant's suspension and firing for sleeping on the job upheld, bias not found, approval of FMLA leave and suggestion of disability coverage insufficient to prove claim when employee offered same pay and benefits (10th Cir.), 32:641 – – Eighty-year-old fired office manager may sue, owner's wife's comment that the employee was “too old and too crippled to work” is direct evidence of bias (S.D. Ga.), 32:423 – – Emergency dispatcher's claims rejected, summary judgment granted, depressed employee fired as unfit for duty not for perceived disability, worker not entitled to accommodation (D. Neb.), 32:562 – – ER doctor with ADHD may sue, sufficient evidence presented he was regarded as disabled, physician was suspended, then fired, and staff privileges were denied (W.D. Pa.), 32:500 – – Firefighter applicant who could not squat or duckwalk rejected, “every firefighter is a firefighter” and must pass training (E.D.N.Y.), 32:94 – – Food service delivery route manager's claim revived, summary judgment on accommodation claim upheld as worker only intermittently impacted (7th Cir.), 33:527 – – Sumner County Bd. of Educ., disability discrimination, arthritic administrator failed to she was “regarded as” disabled when she was transferred to a position in the same broad job class (6th Cir.), 33:97 – – Threats, county hospital doctor fired for alleged death threats has no bias claim under (7th Cir.), 33:38 – – TV producer fired after brain surgery may sue (S.D.N.Y.), 33:461 – – Veteran's firing claim reinstated, personnel records list the employee as a “Disabled Vietnam Veteran” and supervisors at Bank of America was told of his post-traumatic stress disorder (3d Cir.), 32:449 – – Waitress at Greenbrier resort may pursue claim, functional evaluation required employee to crawl on the ground and climb a ladder, employer did not offer her another job (S.D. W.Va.), 32:157 – – Welder's claim dismissed, pregnancy not recognized as a disability (W.D. Ky.), 32:590
– – Compensatory damages award of $30K upheld despite no specific mention of ADA provision for intentional bias in 1991 Civil Rights Act (W.D. Tenn.), 33:136
– – Police clerk's claim revived, informal complaint to secretary may constate protected activity (7th Cir.), 33:185 – – Pregnant shoe manager's claim rejected, firing was due to violation of merchandise return policy, accommodation claim also fails as severe pregnancy complications not shown (D. Minn.), 33:143 – Substantial limit on major life activity
– – Aircraft mechanic with leukemia only moderately limited in breathing and walking cannot prove disability, “regarded as” claim also fails (7th Cir.), 33:415
– – Alcoholic sales manager's claim rejected, limitation on life activities not shown (10th Cir.), 32:176 – – Bowel disorder, former chauffeur may sue for firing after requesting bathroom stop on trip, “waste elimination” is a major life activity (D.D.C.), 33:368 – – Chronic fatigue syndrome, Chevron administrative aide fired after revealing her diagnosis may sue, employee is limited in sleeping, thinking, and caring for herself (5th Cir.), 32:726 – – Depressed township worker failed to prove actual or perceived disability (3d Cir.), 33:447 – – Diabetic metallurgist's accommodation claim for out-of-town field assignments revived, issue of limitation in eating raised (9th Cir.), 32:237 – – Driving is not a “major life activity” despite oil safety supervisor's argument for broad construction in rural populations (U.S., rev den), In Brief, 32:414 – – Nurse who developed post-traumatic stress disorder following accident has no claim, driving is not a major live activity, summary judgment affirmed (7th Cir.), 32:511 – – Wal-Mart greeter may sue, summary judgment denied as jury issue raised on whether employee with degenerative arthritis was disabled in sitting, lifting and standing, denial of accommodation claim also proceeds (W.D. La.), 33:516
– – Pharmaceutical salesperson's depression due to current supervisor, impairment deemed temporary, firing upheld (3d Cir.), 32:58
– – UPS manager's claims rejected, ailments related to stress were of limited duration (E.D. Ark.), 32:121
– Bullying in the workplace spurs litigation and legislation, 33:241
– Caregiver status discrimination, recent trends in employment litigation, 32:72 – Employment testing after Ricci, 33:430 – Federal sector law, rules, and procedures, recommended changes, 32:432 – FMLA, revised regulations: quagmire or roadmap?, 33:489 – Retaliation, breadth of Title VII's §704(a) coverage for third-party claims debated by experts, impact of Thompson ruling where worker fired after fiance filed sex bias complaint discussed, 33:82
– Age discrimination
– – “Normal retirement age” in pension plan as “five years of vesting service” does not violate ERISA, advocacy groups' rehearing request untimely (7th Cir.), 33:291
– – Trial court's fact-finding insufficient for review, selection committee member's remarks about promotion of 25-year-old omitted, remand (8th Cir.), 32:139 – Disability discrimination, restaurant's refusal of HIV-positive applicant upheld, applicant is not a “qualified individual with a disability,” limit on major life activity not shown, EEOC's attempt to introduce AIDS evidence rejected, en banc rehearing denied (7th Cir.), 32:173 – Racial discrimination and defamation, no jurisdiction found over appeal of Title VII claims, no final judgment made when trial court allowed preservation of defamation claim after race-based claims dismissed (D.C. Cir.), 33:156 – Racial discrimination, class certification appeal untimely, Case Notes, 32:486 – Religious discrimination, AT&T's failure to renew its Rule 50(b) motion after entry of judgment in suit involving Jehovah's Witnesses precludes review (8th Cir.), 32:36 – Retaliation
– – Air traffic controller who failed to cite trial court order dismissing case in notice unable to appeal (6th Cir.), 32:485
– – VA nursing assistant's request for de novo review of the agency's decision improperly dismissed for lack of subject matter jurisdiction (5th Cir.), 33:254
– Arbitration, former trucking terminal operations manager must submit her claims, merger clause in job application form did not preclude the dispute resolution agreement she signed the same day (1st Cir.), 32:18
– Hiring
See HIRING
– Class actions
– – Sex discrimination and Equal Pay Act, Sterling Jewelers may be sued for “pattern or practice” bias in pay and promotions by female employees, arbitration pact did not expressly prohibit class claims (Arb.), 32:703
– – Silent contract, arbitration to be considered (U.S., rev grant), 32:717 – Disability, national origin, and racial discrimination, and retaliation, Denver Newspaper employee who voluntarily submitted to arbitration is barred by res judicata from asserting racial and national origin bias claims, disability claim is judicially estopped due to his receipt of disability benefits (D. Colo.), 32:648 – Due process protocol, many attorneys and arbitrators oppose drafting new protocol, 32:254 – Electronic signature, Dillard's failed to prove that a customer service representative's purported signature made via an intranet account was authentic (D. Kan.), 32:274 – FLSA, EEOC violated law by requiring investigators, mediators, and paralegals to take compensatory time off rather than receive overtime pay for excess hours (Arb.), In Brief, 32:395 – FMLA and retaliation, machinist fired for allegedly viewing porn at work not barred from suing by an arbitration award that upheld his firing, bargaining pact did not preclude litigation and voluntary participation in program is not agreement to arbitration on all claims (N.D. Ill.), 33:70 – Mandatory arbitration – National origin discrimination, finding that Eritrea native not qualified for night shift lead job at a medical products warehouse given “extraordinary” deference, promotion denial claim dismissed (D. Minn.), 33:71 – Ohio law bars arbitrated action, Case Notes, 33:66 – Racial discrimination and retaliation, account manager for rent-to-own firm entitled to have court decide whether agreement with fee splitting was unconscionable under state contract law (9th Cir.), 33:394 – Resignation without notice, ruling on bargaining pact does not prohibit relitigation of issue in related ADA action (U.S., rev den), In Brief, 32:252 – Sex discrimination, Equal Pay Act, and retaliation, ethics rules do not excuse an employer from arbitration panel's order to reinstate in-house attorney as remedy for pay bias and retaliation (Wis. Ct. App.), 32:587 – Stay denial upheld, §3 of Federal Arbitration Act does not mandate a stay of litigation rights for parties that have not agreed to arbitration (3d Cir.), 32:151 – Subpoenas, Federal Arbitration Act does not empower arbitrators to issue subpoenas to nonparties for pre-hearing document production (2d Cir.), In Brief, 32:19 – Third party beneficiaries, public employee of defunct television network is not beneficiary under grant agreement between former employer and funding company, worker cannot recover award from funding company or Cleveland Found. (Ohio Ct. App.), 32:13
– Affirmative action, proposed constitutional amendment banning preferential treatment on race and gender to be decided by voters in 2010, In Brief, 33:17
– Maricopa County, religious discrimination, retaliation, 1st and 14th Amendments, interference with contractual relationship, defamation, doctor who was removed from many hospital positions and then fired for his support of abortion training for residents may sue (D. Ariz.), 32:424 – Phoenix, constructive discharge, officer investigated for harassment need only show retirement was coerced for constructive discharge claim, intolerable working conditions not necessary, dismissal of claims upheld as retirement was voluntary (9th Cir.), 33:12 – Salt River Project Agric. Improvement & Power Dist., disability discrimination, diabetic metallurgist's accommodation claim revived, issues raised on job-related need for respirator test certification and substantial limitation in eating (9th Cir.), 32:237
– Correction Dep't, racial and sex discrimination, equal protection, and due process, workers' firing after “voice tests” indicated deception upheld, one black male worker was accused of selling drugs and the black female worker was accused of sexual contact with inmate (8th Cir.), 32:695
– Health and Human Servs. Dep't, retaliation, union steward activity of laboratory custodian fired for recordkeeping inaccuracies properly excluded, sample accountability records properly admitted (8th Cir.), 32:325 – Pulaski County
– – School Dist., racial discrimination
– – – Purchasing employee did not receive interview, promotion denial claim rejected, black worker did not meet minimum qualifications (8th Cir.), 33:308
– – – White administrator's promotion denial claim partially revived, employer's reliance on court-ordered affirmative action plan can constitute direct evidence (8th Cir.), 33:349
– Military status discrimination
– – Damages, clarification of Or. law giving the state a 60 percent share of punitive damages requested (9th Cir.), In Brief, 33:358
– – Del. governor issues executive order prohibiting bias against military veterans, In Brief, 33:263
– Disability discrimination, former Subway manager's $150K verdict for harassment affirmed, exclusion of past felony convictions and prior job experience properly excluded as more prejudicial than probative (5th Cir.), 32:329
– EEOC acting chair Ishimaru says agency will continue to examine need for more guidance on use of this information in employment decisions, 32:465 – National and racial discrimination, advocacy groups request “commissioner's charge” and urge EEOC to investigate the use of criminal histories in hiring policies of Manpower, Bank of Am., and a government career center, 32:723 – National origin, racial, and sex discrimination, EEOC files class action against convention and corporate events planning firm for alleged bias against black and Hispanic male applicants (D. Md.), 33:516 – N.Y., workplace postings, Web insights, 32:75 – Racial discrimination
– – Devry black workers fired for failure to disclose convictions on employment applications (E.D. Pa.), 32:654
– – EEOC has authority to investigate impact of “no-violent-felony rule” independent of rejected job applicant's settlement, the agency may substitute itself as the charge proponent and proceed with suit (7th Cir.), 32:109
– Movie theater employee may sue for firing and failure to accommodate (N.D. Ohio), 32:280
– School administrator failed to she was “regarded as” disabled when she was transferred to a position in the same broad job class (6th Cir.), 33:97 – Wal-Mart greeter may sue, summary judgment denied as jury issue raised on whether employee with degenerative arthritis was disabled in sitting, lifting and standing, denial of accommodation claim also proceeds (W.D. La.), 33:516
See VIOLENCE
– Disabilities
– – Burden of proof, program manager for firm that provides services to the developmentally disabled cannot prove “discriminatory motive” in firing for disloyalty (N.D. Okla.), 32:339
– – Insurance firm employee fired after requesting leave for care of child with Down's syndrome has no claim, ADA claim requires bias against disability not leave request, employer knew of child's condition for years (3d Cir.), 33:410 – – UK, “associative,” Web insights, 32:225 – Race
– – Mental health treatment assistant involved in an interracial relationship may sue, probation was extended and other workers not fired for shift swapping (N.D.N.Y.), 32:592; $580K awarded, 33:536
– – Ryan's Family Steakhouse to pay $500K to black workers and white workers who associated with black workers (W.D. Ky.), 33:45 – – Whirlpool employees befriended black workers, most Title VII and 1981 claims were rejected for lack of “severe or pervasive” harassment, one claim reinstated where threat of physical violence allegedly made (6th Cir.), 32:262
– Disability and racial discrimination, and retaliation, stressed black nurse with attendance issues cannot prove claims, driving is not a major life activity and no proof presented of an adverse action after EEOC charge filed, bare assertions insufficient (7th Cir.), 32:511
– Disability discrimination
– – Raytheon worker's firing and accommodation claims denied, depressed employee could not fulfill senior information systems job function of attendance (N.D. Tex.), 33:512
– – USPS
– – – AWOL for months, bias claim for fired worker rejected (3d Cir.), 33:63
– – – Headaches and depression, worker failed to show pretext in firing for absenteeism, no similarly situated coworkers more favorably treated (9th Cir.), 32:732
– Age discrimination
– – Disqualification, lawyer and firm improperly disqualified from representing Girl Scouts due to prior representation of executive 25 years earlier (Minn. Ct. App.), 33:169
– – Patent lawyer fired at 52 failed to show age was “but for” factor in his discharge (3d Cir.), 33:501 – – Retirement, drug firm violated ADEA by forcing patent attorney to retire at 65, “bona fide executive” exemption not applicable (D. Conn.), 33:399 – Arbitration
– – Indemnification and fiduciary claims of former client do not arise from legal services contract, motion to compel rejected (Cal. Ct. App.), 33:325
– – Racial and sex discrimination, fired lawyer must submit her claims despite lack of signatures on employment contract, terms accepted in draft contract (Cal. Ct. App.), 32:419 – – Sex discrimination, harassment, and retaliation, law firm's shareholder/director may not be compelled to submit her job bias claims pursuant to provisions in the corporate bylaws that she had not received or read (3d Cir.), 32:394 – EEOC
– – General counsel, Cooper resigns, In Brief, 32:138; Lopez nominated, In Brief, 33:525
– – Legal counsel, former counsel Russell rejoins Akin Gump, In Brief, 32:203 – Fees
See ATTORNEYS' FEES
– Malpractice, worker whose federal racial bias claims were settled may not relitigate same claims in state court by claiming poor legal representation (N.D. Ohio), 32:343 – Pregnancy discrimination and Equal Pay Act, paralegal's punitive damages award reduced $450K, but other awards to her and a female attorney were upheld, lawyer to receive liquidated damages (E.D.N.Y.), 33:506 – Privilege
– – Attorney-client
– – – Home health care agency has no right to access private emails on company laptop, communication between former executive and her private attorneys privileged, remanded for possible sanctions (N.J. Super. Ct. App. Div.), 33:108
– – – Supervisor allegedly fired after refusing to recant allegations about illegal workers, discovery related to communications with outside counsel considered (U.S., rev grant), Special Report, 32:164; (oral arg), 33:463
– – – Municipal judge subject of hostile environment investigation cannot prevent public release of report, work product and attorney-client privilege do not apply (Wash.), 33:390
– – – Questionnaire and cover letter sent to potential claimants, EEOC must produce documents (E.D. Cal.), 33:539 – – – School district's protection waived, investigation by outside counsel was the only investigation cited as district's defense, contents of investigation are directly at issue (Cal. Ct. App.), 32:42 – Rule 11 sanction, magistrate's sua sponte imposition of sanctions on attorney reversed for legal errors, Rule 11(b)(3) does not require separate identification of “fact” and “inference” (D.C. Cir.), 33:219 – Sex discrimination, Equal Pay Act, and retaliation, ethics rules do not excuse an employer from arbitration panel's order to reinstate in-house attorney as remedy for pay bias and retaliation (Wis. Ct. App.), 32:587 – Sex discrimination, experts discuss bias that impacts performance evaluations of female lawyers and creates barriers to partnership, 32:427 – Web insights, 32:49; 32:75; 32:225
– Age discrimination, plaintiff must pay 5/6ths of fees because many of his arguments were “losers” (7th Cir.), 33:362
– Breach of contract, Houston lawyer's reliance on promissory note rejected, plaintiff failed to request jury instructions on “material term” and he did not challenge jury award of lesser amount (Tex. App.), 32:676 – Civil Rights Attorney's Fees Award Act, §1988, $4.5M enhancement of $10.5M fee award based on superior representation and exceptional results to be considered (U.S., rev grant), In Brief, 32:414; (oral arg), 33:486 – Contingency fee agreement that was ambiguous construed against drafting attorney, plaintiff's attorney only entitled to a percentage of the settlement and not the verdict (Wash. Ct. App.), 32:119 – Disability discrimination
– – EEOC should have known after charging party's deposition that it lacked a triable claim, $225K fee and cost award upheld (5th Cir.), 32:110
– – Manhattan lawyer's rates improperly awarded instead of lower rates charged in Brooklyn where case litigated, plaintiff needed to prove selection of out-of-district counsel “likely to produce substantially better net result” to overcome presumption favoring in-district rates (2d Cir.), 33:232 – – Trucking firm applicant not entitled to nominal damages or attorneys' fees, mere request for disabilities-related information does not applicant an “aggrieved party” (Minn. Ct. App.), 32:452 – Prejudgment interest on back pay settlement prior to 1991 and attorneys' fees for application for that award denied despite initial success of female Navy employees in underlying sex bias suit (U.S., rev den), In Brief, 32:719 – Racial and sex discrimination, and retaliation, employer defending against EEOC charges cannot impose costs of outside counsel on insurer on possibility of punitive damages or willful violation exclusion, “actual” conflict between insured and insurer necessary for right to independent counsel (7th Cir.), 33:20 – Racial discrimination and retaliation, 12 African Am. county employees and their attorney held jointly and severally liable for $660K in fee sanctions for frivolous claims are entitled to individual liability determinations (6th Cir.), 32:153 – Racial discrimination, library worker's walking out on deposition results in dismissal and an order to pay over $1500 in costs as sanctions (7th Cir.), 32:174 – Racial discrimination, sexual harassment, and constructive discharge, white male server who won discharge claim but was unsuccessful with other claims not entitled to punitive damages, front pay, or additional attorneys' fees (Mo.), 32:116 – Retaliation
– – Imposition of fees in error, state law does not authorize awards against municipalities (Ohio Ct. App.), 32:301
– – Religious television sales manager's $4M judgment reinstated, claim allowed under §1981 and attorneys' fees award under §1988 appropriate (Ill. App. Ct.), 33:102 – – Settlement discussions, FRCP 408 allows court to weigh discussions as one factor in assessing prevailing party's success under §1988 (3d Cir.), 33:167 – Sexual harassment, doctor properly found liable for harassment of former manager, $235K punitive damages and fee award vacated due error of applying “same juror” rule (Ohio Ct. App.), 33:99 – Taxation, plaintiff required to pay income tax on statutory fees for FEHA award (9th Cir.), In Brief, 32:300
– Local 12, retaliation, Daimler Chrysler worker accused of being “evasive and untruthful” about getting private addresses of union officials failed to prove claim, pretext not shown, company suspended and transferred the worker (6th Cir.), 32:480
– Local 624, retaliation, duty of fair representation, factory workers' claims dismissed, retaliation claims fail due to causation and waiver issues, and union's investigation sufficient to undercut breach of representation duty claims (2d Cir.), 32:383 – Religious discrimination, worker's reasonable accommodation claim fails, objector required to pay charity an amount equal to dues, employee was covered by a bargaining agreement with a union security clause (6th Cir.), 32:606
– Human Rights Campaign Found. gives 305 firms perfect score on corporate equality index, In Brief, 33:379
– Settlements
See CONSENT DECREES
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