Employment Discrimination Report Index-Summary

CALIFORNIA

– Disability bias

– – ERISA does not preempt Wells Fargo worker's state wrongful discharge claim (C.D. Cal), 34:191
– – Reasonable accommodation is ongoing duty, Web insights, 34:167

– Electronic discovery, litigants must confer, Web insights, 34:141
– Harassment, scope of relevant evidence broadened by McKesson ruling, Web insights, 34:167
– Los Angeles

– – Racial and sex bias, firefighter's $6.2M award overturned for failure to exhaust remedies (Cal. Ct. App.), 34:243
– – Retaliation, discretion to deny attorneys' fees for low recovery under FEHA (Cal.), 34:96

– Parks & Recreation, sexual harassment, establishment of task force part of agency's settlement (Cal. Super. Ct.), 34:47
– San Diego County, sex bias and retaliation, sufficiency of evidence for public defender's claims related to involuntary transfer (S.D. Cal.), 34:75
– Sexual harassment and negligence claims against Starbucks for teenage worker's alleged coerced sexual relationship with supervisor (C.D. Cal.), 34:16
– Sexual harassment and retaliation, workplace relationships, Web insights, 34:167

CANADA

– Mandatory retirement, Web insights, 34:141

CAREGIVERS

– Discrimination against

See FAMILY RESPONSIBILITIES DISCRIMINATION (FRD)

CASH BALANCE PLANS

– Age bias

– – Bankcorp, ERISA prohibition against reduction of benefit accrual rate and discount rates to calculate opening balances, Case Notes, 34:43
– – “Normal retirement age” defined by plan sponsors (U.S., rev den), 34:257

CERTIFICATES AND CERTIFICATION

– FMLA

See generally FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Religious bias and retaliation, exclusion of after-acquired evidence about decertification (3d Cir.), 34:238

CHINA

– Maternity leave, Web insights, 34:141

CIVIL SERVICE EMPLOYEES (CSEA)

– Local 1000, sex bias, sexual harassment, and retaliation, standing to sue for state park workers (N.D.N.Y.), 34:222

CLASS ACTIONS

– Age bias

– – Law firm sued by EEOC for alleged bias against partners over 70 (S.D.N.Y.), 34:191
– – Reasonable factor other than age defense ruling on remand, reinstatement of $4M judgment improper under “mandate rule” (2d Cir.), 34:8
– – TV writers to settle for $70M (Cal. Super. Ct.), 34:128

– Arbitration

– – Sterling Jewelers' agreement no bar to female employees' sex bias pay and promotion claims (S.D.N.Y.), 34:99
– – Waiver of class wage and hour claims unconscionable (U.S., rev den), 34:67

– Disability bias, distribution of $6M settlement for action related to Sears' workers' compensation leave policy (N.D. Ill.), 34:189
– EPA and sex bias, Family Dollar Store female managers' certification not barred by punitive damages request (W.D.N.C.), 34:131
– Racial and sex bias, certification denial vacated for male minority state employees' promotion claims (Mich.), 34:186
– Racial bias

– – NYC firefighter applicants' written test constitutes intentional bias (E.D.N.Y.), 34:163
– – US Airways workers at Philadelphia airport sue (E.D. Pa.), 34:132

– Sex bias, mootness of corrections department applicant's claim over fitness test (D. Conn.), 34:101
– Sexual harassment, attorney fee award for EEOC failure to investigate (N.D. Iowa), 34:245
– Seyfarth Shaw's 2009 report, filings increase, 34:88

COLLECTIVE BARGAINING AGREEMENTS

– Arbitration Fairness Act

See LEGISLATION, FEDERAL, HR 1020, S 931

COLLEGES

See EDUCATIONAL INSTITUTIONS

COLOR DISCRIMINATION

See generally RACIAL DISCRIMINATION

COLORADO

– Sex bias and retaliation, emotional distress settlement not excludable from income (T.C.), 34:130
– Weld County, disability and sex bias, and retaliation, female accountant's promotion denial claim (10th Cir.), 34:205

COMPENSATION

– Pay equity

See EQUAL PAY ACT (EPA)

– Pensions

See PENSIONS

– Sexual harassment and retaliation, inadequate remuneration for volunteer firefighters to count as “employees” (N.D. Ohio), 34:77
– Wages

See WAGES AND SALARIES

COMPLAINTS AND CHARGES

– EEOC enforcement data, FY 2009 report, 34:88
– Exhaustion of administrative remedies

See EXHAUSTION OF REMEDIES

– Recoveries by OFCCP, FY 2009 data, 34:175

CONFERENCES AND MEETINGS

– Am. Constitution Socy. for Law and Policy, 34:5

CONFIDENTIALITY

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Sexual harassment, Monmouth County must disclose settlement under public access law (N.J.), 34:156

CONGRESS, U.S.

– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.

CONNECTICUT

– Corrections Dep't of, sex bias, class action certification for female applicant's fitness test claim, mootness issue (D. Conn.), 34:101

CONSENT DECREES

– Age bias and sexual harassment, auto dealer's $1.5M settlement of bias claims of fired male workers and harassment claims of female employees (D. Colo.), 34:71
– Age bias, Univ. of P.R., pension system claims (D.P.R.), 34:244
– Disability bias, distribution of $6M for class action over Sears' workers' compensation leave policy (N.D. Ill.), 34:189
– National origin bias and sexual harassment, hotel management firm, $500K for food server hiring bias and housekeeper harassment (C.D. Cal.), 34:243
– Racial bias

– – Big Lots, $400K for harassment of black workers (C.D. Cal.), 34:243
– – Medical device firm to pay $250K for salesman's firing (N.D. Ill.), 34:160
– – Vanguard Group, $300K settlement for hiring refusal (E.D. Pa.), 34:44

– Racial bias and retaliation, radioactive waste company, $650K settlement for harassment of black workers (W.D. Tenn.), 34:44
– Religious bias, airline settlement of $130K for “no shift swap” policy (D. Minn.), 34:45
– Sex bias and retaliation, Boeing to pay $380K to resolve female engineers' claims (D. Ariz.), 34:189
– Sex bias, Outback Steakhouse, $19M glass ceiling settlement for female workers (D. Colo.), 34:19
– Sexual harassment and retaliation, automotive supplier to pay $428K (C.D. Ill.) , 34:159

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– Eleventh Amendment

– – Qualified immunity

See QUALIFIED IMMUNITY

– – Sovereign immunity

See SOVEREIGN IMMUNITY

– Equal protection

See EQUAL PROTECTION

– Supremacy Clause, party substitution in sexual harassment suit, new sheriff (4th Cir.), 34:211

CONSTRUCTION INDUSTRY

– Affirmative action, advocacy groups focus on barriers to women and minorities, 34:173
– OFCCP agenda, Special Report, 34:138

CONSTRUCTIVE DISCHARGE

– Age bias, country club restaurant server's $200K verdict on constructive discharge claim (D. Colo.), 34:72
– Disability bias, counselor with post-polio issues reassigned to lab (10th Cir.), 34:181
– Disability bias, wheelchair user's claim related to accessible restrooms (S.D. Fla.), 34:27
– Religious bias

– – Flight attendant's acceptance of new job while on leave (N.D. Ill.), 34:252
– – “Traditional Christian” newspaper writers' claims, proof lacking (7th Cir.), 34:12; need for job descriptions, Web insights, 34:167

– Sexual harassment

– – Sears saleswoman's claims related to disciplinary letter, harassment, and discharge (D. Colo.), 34:26
– – Temple Univ. Hosp. occupational therapist's claims, reprimands and firing of harasser adequate remedial action (3d Cir.), 34:63

COPS

See LAW ENFORCEMENT EMPLOYEES

CORPORATIONS

– Global compensation strategies, Web insights, 34:197

CORRECTIONAL FACILITIES

– Conn., Dep't of, sex bias, class action certification for female applicant's fitness test claim, mootness issue (D. Conn.), 34:101

COSTS AND EXPENSES OF LITIGATION

– Attorneys' fees

See ATTORNEYS' FEES

COURTS

– Jurisdiction

See JURISDICTION

– Supreme, U.S.

See SUPREME COURT, U.S.

CSEA

See CIVIL SERVICE EMPLOYEES (CSEA)