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Vol. 46, Nos. 2236-2278, pp. 1-1256 Jan.1 - Nov. 4, 2008 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
ABSENCES FROM WORK
– Colleges
– Disabilities
– – ADA
– Original intent, primary purpose to restore, revised in light of Sup. Ct. cases limiting, focus is on helping workers do jobs, seminar, 1085
See JUDGES
– Retaliation, no retaliation in putting campus police officer who filed race bias complaint on paid leave for incident investigation (7th Cir.), 97
– Federal Employees Paid Parental Leave Act
– Cal. Nurses Ass'n, Pa. Ass'n of Staff Nurses affiliation announced, 67
– CTW – S.C. State Employees Ass'n, delegates vote to affiliate with SEIU, 549
– Ariz., petitions for constitutional amendment eliminating preferences filed, suit filed to block from Nov. ballot (Ariz. Super. Ct.), 787; organizers abandon efforts to get measure on Nov. ballot after signatures found invalid, 1036
– Disability bias, federal agencies falling short in employing seriously disabled individuals, steps needed to meet Rehabilitation Act requirements outlined, 92; U.S. government and private firms need to improve efforts to recruit disabled workers, EEOC Comm'r says, 537 – Diversity
See DIVERSITY
– Race and sex preferences, Colo. ballot initiative to go before voters in Nov., would bar public employers from granting, 467; ballot initiative does not violate single subject rule of state constitution (Colo.), 693; initiative disqualified for failure to get sufficient signatures, 1035 – Race bias in promotions
– – Court-ordered plan, white teacher may not pursue claim where jobs pursuant to order (E.D. Ark.), 730
– – Policy of favoring white men, African American Houston workers have no claim where screening personnel unaware of policy favoring white men (5th Cir.), 101
– Annual winter meeting, affiliation charters issued to 6 chapters of Cal. Ed. Ass'n, 290
– BCTD
See TEACHERS (AFT)
– Ed. Note: This heading covers state law. For cases involving ADEA or both state and ADEA claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).
– Cal., 62-year-old black nurse may pursue claim for supervisor remarks outside limitations period where connected to assignments within 1 year (Cal. Ct. App.), 188 – Civil Rights Act of 2008 – Fla., noneconomic damages awarded to Fla. police officers passed over for promotion due to age grossly excessive (Fla. Dist. Ct. App.), 767 – Iowa, math teacher has no claim for minimum age restriction on early retirement (Iowa), 765 – N.Y., teacher may not pursue claim for tenure denial where no notice to Bd. of Ed. (W.D.N.Y.), 558 – N.J., context-sensitive decision of bad faith, consider ability to pay, attorney's role must be considered in attorneys' fee award (N.J. Super. Ct. App. Div.), 163 – Ohio, roadway maintenance worker may pursue claim despite failure to arbitrate where state law right independent of pact (Ohio Ct. App.), 191 – Tex., Waco plumbing inspector must bring claim for firing after EEO grievance under Human Rts. Act, not whistleblower law (Tex.), 867
– Attorneys' fees, 2007 EEOC awards decisions in favor of prevailing parties examined, statute does not permit, Analysis, 333
– Benefits, volunteer firefighters denied service credits may pursue claim where employee status at issue (E.D.N.Y.), 273 – Birth date, Chicago street sweeper who included in EEOC but did not check age bias box or include facts describing has no claim (N.D. Ill.), 830 – Charge, any document filed with EEOC that requests action to protect worker rights or settle dispute qualified (U.S.), 277; disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, Analysis, 959 – Civil Rights Act of 2008 – Discovery, teacher denied tenure and accommodation after brain surgery may get student records to rebut performance complaints (E.D.N.Y.), 270 – Disparate impact
– – Analyzing, EEOC issues proposed changes to guidance, 400
– – Burden of proof, reliance on factors other than age important as recession looms (U.S., rev grant), Analysis, 507; burden of production and persuasion of factors other than age falls on employer (dec), 735; disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, Analysis, 959
– – Failed interview, unsuccessful police applicant failed to prove pretext (5th Cir.), In Brief, 641
– – Free speech and association, teacher rejected for full time job filed to show legitimate reasons for not hiring were pretext (8th Cir.), 793 – – Lowest step on pay scale, teachers get $1.2M for bias and pay equity (W.D. Pa.), 464 – – Maximum ages, N.J. has power to let firefighter enroll where hired on mistaken interpretation of eligibility rules (N.J. Super. Ct. App. Div.), 410 – – Mosquito spraying, helicopter pilot over 50 denied job produced direct evidence of bias (11th Cir.), 131 – – Recruitment, DOD air traffic control specialist should get hearing for FAA refusal to let ex-PATCO members apply (EEOC), 52 – Limitations period for federal workers, EEOC proposes change to FLSA limitations period, not Title VII, 653; text, proposed rules, 671 – Mandatory retirement
– – Civilian retirement benefits, non-dual status Air Force technician had no claim for removal at age 55 when eligible (7th Cir.), 828
– – Due process, Chicago firefighters have no claims where pact requires just cause (U.S., rev den), 84 – Pay bias, class claims for FAA system bias against older workers dismissed, administrative claims by named plaintiffs untimely (D.D.C.), 728 – Pretext
– – Performance, congresswoman's assistant could not show unlawfully firing where performance issues not disputed (D.D.C.), 1012
– – Younger workers treated more favorably, Mich. school administrator reassign twice and fired presented enough evidence (E.D. Mich.), 832
– – Assistant principal, N.Y.C. teacher's failure to include EEOC charge does not bar claim for job denial (2d Cir.), 298
– – Reverse bias, administrative specialist failed to show OPM deliberately chose women and people over 40 for promotions (3d Cir.), 530 – Qualified immunity, Neb. administrator whose duties were taken after complaint about promotion denial may pursue claim (D. Neb.), 43 – Reassignment, Hispanic manager given nonmanagerial work for 6 years failed to show managerial deficiencies were pretext (5th Cir.), 131 – Reinstatement, no bias in refusing to rehire 42-year-old trooper 2 months after quitting but may pursue claim for exceptions (7th Cir.), 1105 – Retaliation
– – Adverse action, Ohio FSA Cmte. worker failed to exhaust administrative remedies, reinstatement after firing immaterial where ineligible for reappointment (S.D. Ohio), 1082
– – Demotion, loss of pay, and other adverse actions after bias complaint, dean gets damages and new pact, accord (M.D. Fla.), 153 – – Disparaging remarks, Pa. public works director fired despite good performance evaluations has claim (M.D. Pa.), 1048 – – Hostile environment, VA surgery chief properly awarded back pay after slow degradation of duties, status, and authority (3d Cir.), 1079 – – Knowledge requirement, filing formal and informal charges do not satisfy prima facie case (2d Cir.), 863 – – Lost hours, examination of protection for federal workers demonstrates Congress did not intend to protect denial after complaint (U.S., oral arg), 248; justices likely to rule no implied individual right to sue, practitioner tells ABA, 418; ADEA bars retaliation against workers who filed complaints (dec), 643; disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, Analysis, 959; case among labor and employment law cases awaiting oral arguments in 2008-9 term, U.S. files amicus brief, 1141 – – Office confrontations, postal worker who resigned has no claim (6th Cir.), 1048 – – Promotions, FAA worker failed to make prima facie case, may not pursue claim for work detail extension before exhausting remedies (9th Cir.), 1131 – RIFs, fact finding required to determine admissibility of testimony by other workers with different supervisors (U.S.), 278; disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, Analysis, 959 – Scope and application, uniqueness of statute explained, inherently different from race bias, 563 – Sovereign immunity – Transfer to less desirable jobs and constructive discharge, EEOC accord for N.Y. police officers over 50 gets preliminary approval (E.D.N.Y.), 1241 – Waivers, mandatory arbitration clause in SEIU Local 32BJ pact unenforceable to waive right to sue for bias (U.S., rev grant), Special Report, 418; case among labor and employment cases awaiting oral argument in 2008-9 term, 1141
– Cal., retiree will file protest over unsuccessful bid to rescind non-member fair share fees, 37
– 1st Amendment, Me. bill amending public worker law to allow deduction fees without authorization constitutional (U.S., rev grant), 249; labor and employment cases awaiting oral argument in 2008-9 term, including 3 involving public workers, 1141; right to work group urges narrow approach to letting unions compel nonmembers to support litigation outside bargaining unit (oral arg), 1167 – Special dues assessment, SEIU Local 1000 deciding whether to appeal ruling requiring giving payers refund (E.D. Cal.), 401
– Bias, Civil Rts. Office deficiencies in resolving farmers' and employees' complaints continue despite previous reports, GAO report, 1235
– Farm Svc. Agency, Ohio FSA Cmte. worker failed to exhaust administrative remedies for age bias, reinstatement after firing not adverse action (S.D. Ohio), 1082 – Purchase cards, worker use not properly authorized or not supported by receipts, GAO report, 427; OMB updating guidance on preventing waste, fraud, and abuse, 457 – Race bias, economist may pursue hostile environment and retaliation claims, limitations period improperly applied (D.C. Cir.), 979 – Racial harassment, white USDA workers failed to establish prima facie case where evidence did not show severe conduct by black manager (8th Cir.), 888
– Hiring, State Dep't failure to make individualized determination that applicant's status barred doing essential functions unlawful (EEOC), 111; Dep't will no longer reject Foreign Service applicants based on status, accord reached after policy shift (D.D.C.), 231
– Privacy Act, no violation where VA doctor revealed status to union rep from personal knowledge (8th Cir.), 355
See ARMED SERVICES
– Federal
– Presidential election, Obama (D-Ill) endorsed, want FAA accountability and fairness, 658
– Age bias in hiring
– – Controller fired after 1981 strike may pursue claim for hiring younger applicants while rehire bid active (6th Cir.), 470
– – DOD air traffic control specialist should get hearing for agency refusal to let ex-PATCO members apply (EEOC), 52
– Airport screeners
– Case Notes, 641 – Denver Int'l Airport, technician who fired after losing commercial driver's license for hypertension has disability bias claim (10th Cir.), 978 – FAA – Newark Int'l Airport, jury must determine whether off-duty security officer fired for accessing restricted areas treated worse than comparators not in protected class (S.D.N.Y.), 558 – San Francisco Int'l Airport, no abuse of discretion in attorneys' fee award to airfield safety officer who got nominal damages for promotion denial because he is white (Cal. Ct. App.), 80; (U.S., rev den), 770
– Jackson, DOJ charges library circulation clerk fired in retaliation for race bias complaints (S.D. Ala.), 720
– Transp. Dep't, race bias award to worker improper, believe that single remark unlawful unreasonable and no adverse action (11th Cir.), 951 – Wellness, workers assessed health insurance premium refundable for workers screened for common risk factors, 1004
– Interest, sovereign immunity does not protect state from having to pay to facilities manager/shop steward after arbitrator ordered back pay (Alaska), 1111
– Locality pay, exclusion of federal workers constitutional, no fundamental right burdened, rationally related to legitimate purposes (D. Haw.), 242; administration and worker groups agree on need to eliminate nonforeign COLAs but witnesses support different approaches, House hearing, 656; Non-Foreign Area Retirement Equity Assurance Act, see LEGISLATION, FEDERAL, S 3013 – Race and sex bias, 11th Amend. bars claims by personal assistants and policymaking aides to governor (9th Cir., en banc rev grant), In Brief, 869 – Transp. Dep't, arbitration order denying relief to probationary engineer who refused reinstatement after firing not arbitrary or capricious (Alaska), 136
– USCIS
See JUDGES
– Supervisor, status as supervisor does not change availability of affirmative defense (Tenn.), 21
– Arbitration
– FLRA duties, proposed rule emphasizes OGC neutrality during investigations, 34; final rule issued with minor changes, 229 – FMCS, proposed rule requiring higher annual listing fee for arbitrators, modifying current policies on appointment, removal issued, 917 – Limitations period, Conn. town challenge to arbitration award reinstating police officer untimely where made more than 30 days later (Conn.), 246 – Promotions, teachers' union may not pursue grievance where pact and state law barred (R.I. Super. Ct.), 1016
See NATIVE AMERICANS
– Accommodation
– – Attending football game, bias claim by worker who sought quiet not frivolous despite attendance (3d Cir.), 185
– – Certification exam, N.Y. not required to exempt dyslexic teacher from indicating spelling and grammar to transcriber (S.D.N.Y.), 864 – – Discipline, violent worker with PTSD unable to get along with others must get help to prevent future violations, EEOC opinion letter, 607 – – Head injuries, PTSD, and mental and cognitive disorders, Pa. professor has no claim where no medical records produced to allow university to work with doctor (W.D. Pa.), 1194 – – Interactive process, no need where impossible to help worker unable to do physical activity or have inmate contact after stroke (7th Cir.), 633 – – Reassignment, asthmatic city bus cleaner may pursue claim for job denial in favor of more qualified applicant (D.D.C.), 953 – – Transfer, police officer forced to retire after brain tumor hindered performance has claim for failure to offer job in another department (D. Ariz.), 727 – Attorneys' fees, 2007 EEOC awards decisions in favor of prevailing parties examined, statute does not permit, Analysis, 333 – Background checks for peace officers, some investigations may be conducted post-offer, EEOC opinion letter, 790 – Benefits, LA police officers have no claim for offsetting disability pension by workers' compensation award (9th Cir.), 528 – Case handling, EEOC eliminating rules dismissing charges when charging party cannot be located, or fails to cooperate or accept remedy, 126 – Coverage, disability definition most active legal issue, accommodation on attendance, telecommuting, and reassignment issues, safety discussed, 416 – Discovery, teacher denied tenure and accommodation after brain surgery may get student records to rebut complaints (E.D.N.Y.), 270 – Federal workers and contractors – Hiring
– – Pre-offer medical questions, air marshal improperly fired for lying about medications on application where question unlawful (MSPB), 111
– – Prior experience, no bias in refusing to give deaf applicant IT job over better qualified applicants (D.C. Cir.), 664 – Hiring, promotions, and sick leave, Nigerian-born hospital help desk worker failed to prove disparate treatment (11th Cir.), 637 – Hours cut, postal worker with back injury has no claim, co-workers affidavits without names do not make prima facie case (7th Cir.), 827 – Indefinite or excessive leave, docketing clock fired after 3 years off key job for hand and wrist injury has no claim (10th Cir.), 1190 – Job performance and workplace conduct, EEOC issues guide detailing application, In Brief, 1006 – Limitations period, N.Y. sales tax technician has no claim for promotion denial (N.D.N.Y.), 989 – Medical testing, subjecting city bus drivers unlawful, other activities would ensure safety, EEOC opinion letter, 435 – Performance standards, woman with limited use of arm denied temporary toll collector job has claim, no evidence pace would be slowed (E.D.N.Y.), 500 – Pre-hire
– – Medical inquiries, critical states for medical questions discussed, confidentiality and accommodation requirements explained, 700
– – Physical exams, no disability-related questions permitted until offer, rejection for disability must be job-related, EEOC opinion letter, 607
See Accommodation, this heading
– – Proof and other litigation issues and impact of pending legislation, attorneys discuss, 929
– – Substance abuse, no bias in firing Neb. county worker for refusing inpatient treatment after alcohol-related arrest (8th Cir.), 1077
– – Accommodation refusal, Fla. corrections officer may pursue claim for firing for complaints after inmate attack (M.D. Fla.), 186
– – Dishonesty, diabetic Pa. city worker who went to Las Vegas for tattoos properly fired for taking sick leave for trip (3d Cir.), 1226
– – Abuse of discretion, accord properly upheld despite objections by some plaintiffs (7th Cir.), 1012
– – Failure to transfer, Interior Dep't worker has no right to bring civil suit to enforce accord (10th Cir.), 41 – Substantial limit on major life activity
– – Accommodation and firing, brain injured custodian hired under U.S. program has no claim (D. Utah), 134
– – Bizarre behavior, Ill. vehicle inspection officer removed from duty due to mistake perception of mental illness has bias claims (N.D. Ill.), 221 – – Medication, highway maintenance man fired for refusal to drive truck has no claim where no limits (N.D. Ill.), 187
– Age bias, whether workers must prove employer reliance on factors other than age important as recession looms (U.S., rev grant), 507; burden of production and persuasion of factors other than age falls on employer (dec), 735; disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, 959
– Associational bias, ADA provision does not entitle caregivers to accommodation to enable caring for family members, 55 – EEOC awards, 2007 decisions in favor of prevailing parties in age, disability, national origin, race, religious, and sex bias charges using lodestar formula examined, Analysis, 333 – Genetic Information Nondiscrimination Act, new law signed, bars collection and use of data by employers and health plans, 702 – Sup. Ct., disparate number of labor and employment law cases decided in 2007-2008 term, most favorable to workers, 959
– Carryover, final OPM rule increases maximum amount for senior-level, scientific and professional, and senior intelligence personnel, In Brief, 434
– Demotions, MSPB properly split disciplinary charge for improperly posting leave for subordinate who had not accrued but penalty disproportionate to proven charge (Fed. Cir.), 326 – Race and sex bias, no retaliation where worker denied promotion after complaint about administrative leave denial to attend depositions (D.C. Cir.), 40
– Pensions
See PENSIONS
– Case Notes, 411
– MSPB, revised interim rule streamlining practices and procedures to increase efficiency issued, 398 – Pa., bill to standardize process in public worker labor disputes signed, 818 – Waiver, federal law bars non-preference-eligible intelligence worker from grieving adverse action to MSPB (Fed. Cir.), 551
See HIRING
– Absolute immunity, officer may not bring claims against police chief even through arbitrator found chief lied in grievance hearing (2d Cir.), 323
– ADR – Alternate work schedules, failure to bargain in good faith bargaining when insisting on changes to local schedules improper (Arb.), 26 – Assignments, offering unplanned overtime to sheet metal workers assigned to project did not violate AFGE pact (Arb.), In Brief, 697 – Athletic directors, Wis. school district violated teachers' pact by removing high school staff and establishing managerial jobs (Arb.), 837 – Attorneys' fees, Nat'l Park Serv. and AFGE Local 2198, Arb. Notes, 306 – Back pay, sovereign immunity does not bar prejudgment interest after arbitration award for facilities manager fired after altercation with supervisor (Alaska), 1111 – Bargaining duty, stonewalling request for talks over impact and implementation of library reorganization improper (Arb.), 305 – Choice of remedies, no Title VII violation in union pact provision requiring grievance arbitration or administrative and legal remedies (2d Cir.), 862 – Discipline, Houston and Individual Grievant, Arb. Notes, 837 – Due process, Me. inspector has no claim for pact nonrenewal after using compensatory time without city manager's approval (Me.), 1251 – Judicial review, essence test is standard for overturning reinstatement of classroom assistant fired after overdose but grievance award may not be enforced if public policy contravened (Pa.), 106 – Just cause, few arbitrators use Daugherty's tests for deciding discharge and discipline cases, study, 113 – Management rights, arbitrator exceeded authority in denying probationary worker right to grieve firing (D.D.C.), 357 – Mandatory – Pay raises, Boston transit authority must pay but transit workers must pay more for health care premiums, make bigger co-pays (Arb.), 836 – Performance evaluations, Defense Commissary Agency and AFGE, Arb. Notes, 306 – Promotions, arbitrator had no authority to interpret NAGE pact where hearing did not focus on CBA promotional criteria (R.I. Super. Ct.), 1050 – Scheduling, Phoenix, Ariz. and AFSCME Local 2960, Arb. Notes, 837 – Scope of employment, Akron must arbitrate duty to represent police sergeant in suit by inmate (Ohio Ct. App.), 109 – Suggestion awards, IRS failure to tell workers about program when soliciting through other channels improper (Arb.), 696 – Telework, ATF instrument examiners may participate on part-time basis under pilot program (FSIP), 26 – Timeliness, N.C. Educators Ass'n and N.C. Staff Org., Arb. Notes, 837 – Uniforms, changing policy on wearing while working as civilians violated AFGE Local 2361 pact (Arb.), 835 – Voluntarily relinquishment, denying relief to probationary engineer who refused reinstatement after firing not arbitrary or capricious (Alaska), 136
– OSHA, mechanic may pursue OSH-related claim under CAA for refusal to install fan motor without hard hat (Fed. Cir.), 1105
– Power plant, overstaffing concerns continue despite cost cuts and efficiency, cutting staff and contracting out functions recommended, GAO report, 178 – Senate restaurants, protection for workers after contracting out
– Affirmative action, petitions for constitutional amendment eliminating preferences filed, suit filed to block from Nov. ballot (Ariz. Super. Ct.), 787; organizers abandon efforts to get measure on Nov. ballot after signatures found invalid, 1036
– Employment eligibility, law passed to 2007 requires all employers to use E-Verify but new bill would make compliance voluntary, 321 – Phoenix, no class claim for benefits denial where notice did not list settlement amount (Ariz. Ct. App.), 587
– Benton, city must continue to pay health insurance for retirees whose benefits vested before decision to require them to pay costs (8th Cir.), 215
– Health & Human Servs. Dep't, income taxes wrongfully withheld from damages award to social worker fired for whistleblowing (Ark.), 47
– Air Force
– – Age bias, non-dual status technician had no claim for removal at age 55 when eligible for civilian retirement benefits (7th Cir.), 828
– – Dual status, Reserves member who was civilian aircraft electrician may not challenge removal for positive cocaine test (5th Cir.), 859 – – EEO mediation, no ULP in excluding AFGE Local 2924 where mechanic objected to union presence (FLRA), 804 – – Intermilitary immunity, denying reinlistment to dual-status technician for misconduct may be reviewed but no proof of union animus (2d Cir.), 1244 – – Like Air Force Base, agency refusal to bargaining on noncompetitive assignments covered by AFGE CBA not justified where pact expired (FLRA ALJ), 1053 – – Nat'l Reconnaissance Off., no Privacy Act violation where polygraph examiner's supervisor disclosed investigation where not willful and no actual damages (D.D.C.), 19 – – Reserve, AFGE charges mandating uniforms while working in civilian capacities unlawful (D.D.C.), 518; changing policy violated AFGE Local 2361 pact (Arb.), 835 – – Sex and national origin bias, flight commander may pursue claim for firing for performance after AJ ruling appealed (10th Cir.), 635 – – Sexual orientation, suspending reserve officer after relationship with civilian woman discovered violated due process but not equal protection (9th Cir.), In Brief, 695
– – Contracting Agency, contracting center increasingly relying on private contractors to perform contract specialist duties, GAO report, 397
– – Corps of Engineers – – Major Procurement Fraud Unit, worker entitled to challenge last chance agreement by proving no breach (Fed. Cir.), 950 – – USACE – Case Notes, 25; 531 – Coast Guard, workers who transfer from NAFI job to GS job get paid at NAFI rates, interim rule, 998 – Line-of-duty injuries, OFCCP proposes rule on leave for family members, 417 – Military spouses, E.O. 13473 allows noncompetitive hiring to recognize members hurt, disabled, or killed in service, In Brief, 1124 – National Guard
See NATIONAL GUARD
– – Chaplain Corps
– – – Hiring, rejected applicants have no religious bias claim for denominational quota where eliminated in 2001 (D.C. Cir.), 584
– – – Religious bias, no standing to claim retirement system favors Catholics where no harm sustained (D.C. Cir.), 919 – – Intelligence Office, law bars non-preference-eligible worker from appealing adverse action to MSPB (Fed. Cir.), 551 – – Naval Research Lab, MSPB improperly dismissed electrical engineer's nonbias claims where timely decision not issued but claims untimely (D.C. Cir.), 324 – – Sex bias, class claims were successful may not get damages for unsuccessful application for interest (D.C. Cir.), 1075 – – Sexual harassment, affidavits that suggested actual or constructive knowledge improperly excluded (8th Cir.), 1076 – USERRA
See ARMED SERVICES
– Human capital management, plan must be aligned with new strategic plan, developing system for tracking workforce needs and critical skills, GAO report, 574
– Overtime, worker improperly fired for fraudulent claims for pay and travel expenses where no proof they were false or with intent to deceive (Fed. Cir.), 580
– Age bias, Chicago teacher removed from full-time job has claim for age bias but no disability bias where accommodation would requiring changing substitute's job (7th Cir.), 688
– FMLA, mail handler suspended for 2 hours before firing worked 1.2 hours less than needed, firing for unscheduled leave lawful (7th Cir.), 1045
See VIOLENCE
See DUES, UNION
– Reassignment, city bus cleaner may pursue claim where denied reasonable accommodation (D.D.C.), 953
– Sarcoidosis, jury properly concluded failure to provide Ohio investigator with temperature-controlled office was bias (6th Cir.), 691
– ADA, zero tolerance policy applied to disabled worker may be bias where strict punctuality not essential job function, 416
– Family and medical leave
– ALJs, OPM interim rule no longer requires license and authorization to practice law, 848
– Deputy-involved shootings, LA Sheriffs' Dep't policy barring group consultation before interviews does not violate pact or personal rights (Cal. Ct. App.), 1197 – DOJ, senior counselor to Atty. Gen. improperly used political considerations in hiring, IG reports, 878; Senate panel expresses strong views on charges of political affiliation bias, 910; former DOJ officials will not be prosecuted, Mukasey says, 940; Donnehy named to pursue possible criminal charges, 1123 – Fees
See ATTORNEYS' FEES
– Political affiliation, office workers fired after supporting Md. state's attorney opponent have bias claims (Md. Ct. Spec. App.), 475 – Public Defender Serv., D.C., employee appeals office may not hear complaints where law made workers federal employees (D.C.), 1160
– Age and sex bias, Wis. city worker who got damages for layoff gets record fee award (W.D. Wis.), 550; accord reached before appeal, 1127
– Bad faith, context-sensitive decision and take into account ability to pay, attorney's role must be considered (N.J. Super. Ct. App. Div.), 163 – Disability bias, attending football game did not make bias claim by worker who sought quiet work environment frivolous (3d Cir.), 185 – EEOC awards, 2007 decisions in favor of prevailing parties in age, disability, national origin, race, religious, and sex bias charges using lodestar formula examined, Analysis, 333 – Fee shifting, teachers in retire/rehire program may not get award for pact breach where calculated improperly and unreasonable (S.C.), 244 – Hatch Act, MSPB has no authority to grant to Nev. police chief who successfully defended complaint about running for office (Fed. Cir.), 554 – National origin and race bias, Cal. worker who filed unsuccessful claims may be required to pay where financial hardship not shown (Cal Ct. App.), 360 – Pregnancy bias, prevailing N.Y. police officers get award based on presumptively reasonable fees (E.D.N.Y.), 731 – Prevailing party, Cal. law provision may not be denied because recovery was modest (Cal. Ct. App.), 302 – Race bias, no abuse of discretion in award to airfield safety officer for promotion denial because he is white (Cal. Ct. App.), 80; (U.S., rev den), 770 – Retaliation, postmaster gets costs for claim for less favorable reviews and less prestigious assignments even though no damages for quitting (E.D. Pa.), 300 – Sex bias
– – Pre-1991 interest, class of Navy workers whose sex bias claims were successful may not get damages for unsuccessful application (D.C. Cir.), 1075
– – Retaliation, FBI agent who got near-record jury award gets more than $1M (D. Minn.), 102
– EPA, chief of staff e-mail tells workers not to respond to questions or make statements if contacted by GAO or Inspector Gen., 879
– Postdoctoral Researchers Org., majority of Univ. of Cal. researchers signed recognition cards, certification petition filed, 789
– Use and regulation
See MOTOR VEHICLES
– Preemption, disability bias claim by airport screener applicant not precluded (EEOC), 1019
– Presidential election, Obama (D-Ill.) endorsed, In Brief, 971
See GRANTS
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