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Vol. 46, Nos. 2286-2328, pp. 1-1298 Jan. 6 - Nov. 10, 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
ABILITY TESTING
– Attendance
See ATTENDANCE
See LEAVE; specific types of leave
– Colleges
– Disabilities
– Law
See JUDGES
– Case Notes, 295
– Exclusivity, U.S. citizens denied jobs given to noncitizens may not use APA to circumvent CSRA (D.C. Cir.), 560 – Suitability determination, SSA ALJ may not use to Privacy Act to challenge changing removal date and temporarily debarment, would allow a collateral attack on decision, res judicata bars (3d Cir.), 840
– Disciplinary
See specific types of adverse actions
– CNA/NNOC, delegates to biennial convention vote to endorse and join new superunion combining union, UAN, and Mass. Nurses Ass'n, 1064
– Nat'l Fed. of Nurses, N.J., N.Y., Ohio, Montana, Or., and Wash. State Ass'ns disaffiliate from UAN, announce new federation, 460
– Ariz., voters to decide whether to bar preferences in jobs, education, and contracting, In Brief, 767
– Diversity
See DIVERSITY
– Reverse bias, white Ind. police lieutenants may pursue claim where African Am. officers who scored lower on exams got promotions (S.D. Ind.), 875 – Sex bias, evidence supports jury award to LA firefighter for retaliation after opposing policy favoring women (Cal. Ct. App.), 504
– Appointments and personnel changes, Sweeney announces plan to retire, endorses Trumka as successor, 433; IFPTE president running for secretary-general job vacated by Trumka, In Brief, 706; Trumka announces candidacy, chooses IBEW executive assistant as running mate for secretary-treasurer, BCTD, AFSCME, and USW endorse, goals outlined, 806; IFPTE president ends bid, In Brief, 897
– Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497 – Union membership, June 2007 to June 2009, 1095
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).
– California
– – Immunity, no discretionary act protection from liability from county court commissioner's bias claim (Cal. Ct. App.), 49
– – Limitations period, notice of appeal filed after reconsideration motion denied untimely, not tolled by defective motion (Cal. Ct. App.), 909 – Ind., bill increasing maximum age for bias claims and repealing bar on publicizing proceedings signed, 618 – Mich., ageist comments about village manager whose contract was not renewed were stray remarks unrelated to decision, no direct evidence (E.D. Mich.), 1289 – N.J., exception letting employers refuse to hire or promote workers over 70 inapplicable to contract nonrenewal (N.J. Super. Ct.), 569 – N.D., sports information officer has no claim, courts must defer to Univ. personnel board decisions despite state human rights law (N.D.), 598 – Ohio
– – Cleveland, firefighter denied transfer in favor of younger candidate may pursue claim, ability-to-use training rules were pretext for age bias (Ohio Ct. App.), 1232
– – Undesirable assignment and stopping pay, teacher who signed accord in exchange for waiver failed to show bad faith (6th Cir.), 1226
– Adverse action, BIA water rights specialist failed to show bias or retaliation in profane altercations with supervisor (D.C. Cir.), 42
– Arrest, no bias in retaining younger male security guard longer than older woman, rules different (8th Cir.), 380 – Assignments, Navy civilian has no bias claim for reassignment or elimination of job (4th Cir.), 1190 – Attorneys' fees, Ill. county police officer who sued sheriff for age bias must pay sheriff's expenses for bad faith suit (7th Cir.), 1104 – Certification of facts, magistrate abused discretion in imposing Rule 11 sanctions on attorney (D.C. Cir.), In Brief, 1009 – Coercion, USDA worker who claimed resignation and accord made under duress must appeal MSPB decision to Fed. Cir. (7th Cir.), 563 – Commercial vehicles, bus driver fired when no longer medically able to drive has no claim, evidence of prior suits properly admitted for impeachment (3d Cir.), 502 – Disability retirement, decision that plan differentiation based on eligibility for normal retirement disregards OWBPA, AARP attorney says (U.S.), 829 – Disparate impact, rules slated to be finalized in 2009, Outlook, 179 – Disparate treatment
– – Promotions, Ohio, firefighters who got jury award for denials based on age and race will seek changes (N.D. Ohio), 67
– – Training, Navy police officer failed to show more rigorous program, early retirement request denial not retaliation (11th Cir.), 46 – Evidence, N.C. agency director's statement that candidate not selected because people objected to gender and youth admissible (4th Cir.), 409 – Exclusive remedy, Nev. school worker has no claim because state entities immune (9th Cir.), 286 – Free speech, class action not speech on a matter of public concern, no retaliation (5th Cir.), 253 – Harassment, firing, and failure to hire based on age, EEOC accord with Utah school district approved (D. Utah), 203 – Hiring
– – First-time firefighters, Mont. law barring original appointment over the age of 34 arbitrary, written and physical exam sufficient (Mont.), 979
– – Hiring substantially younger and less qualified candidates, EEOC charges N.C. city, accuses of failure to preserve scoring sheets and interview notes (M.D.N.C.), 923 – – Refusal to consider older athletic director instead of younger, less qualified applicant, accord approved (D. Minn.), 131 – Ill. police officer failed to show evidence to support age or retaliation claims (7th Cir.), 250 – Jurisdiction, AFSCME organizer may pursue D.C. law claim for transfer for filing grievance where union based in D.C. (D.C.), 1138 – Mandatory retirement, P.R. law requiring police officers to retire at age 55 if 30 years of service completed lawful, meets exemption for state and local governments (1st Cir.), 868 – Misconduct, hospital failed to rebut claim of 61 year old nurse fired and replaced by 30 year old with performance problems (3d Cir.), 530 – Mixed motive, 1991 CRA provision superseding direct evidence requirement does not apply to claims (U.S., rev grant), 146; workers bringing disparate treatment claims must prove age was the but-for cause for adverse action (dec), 749; worker advocates say courts discount importance of ageist comments, recent Sup. Ct. decisions reinforce, 829; new standards will have significant impact but may be felt in litigation, not daily operations, practitioners say, 880; Protecting Older Workers Against Discrimination, see LEGISLATION, FEDERAL, HR 3721, S 1756 – Pension credits, N.Y. town to pay damages for age bias in ending ability to earn after age 55, EEOC accord (E.D.N.Y.), 1280 – Pensions, no bias in Md. plan requirement that older new hires make bigger contributions (D. Md.), 176 – Personal liability, liability does not attach to individual employees as agents of employer (1st Cir.), 314 – Pretext
– – Pay equity, no need to prove nonbiased reasons did not motivate firing, but equal pay claims untimely (4th Cir.), In Brief, 53
– – Performance issues, N.J. music teacher failed to show classroom management was not reason for contract nonrenewal (3d Cir.), 1192 – – Sleeping on job, fired administrative assistant failed to show attendance and misconduct not reasons for firing (10th Cir.), 654 – Promotions
– – Accretion of duties, workers who charged bias have no claim where promoted man not similarly situated (E.D. Va.), 594
– – Direct evidence, failure to mention selection panel remarks after selecting younger applicant requires findings of fact (8th Cir.), 196 – – Experience, qualifications unclear but no bias in rejecting electrical worker, other applicants had more experience (5th Cir.), 772 – – Prima facie, postal worker may not pursue claim for customer relations job based on mere suspicion (11th Cir.), 230 – – Qualifications, rejected auditor has no claim for choosing younger black man instead of older black woman, experience not only factor (3d Cir.), 678 – – Retaliation, Army engineer passed over for more than 15 years failed to prove harassment, pattern or practice of bias must be classwide (6th Cir.), 646 – – Service time, Border Patrol agents failed to prove age was motivating factor in selection, qualifications and performance not pretext (S.D. Tex.), 745 – – Untimely filing and insufficient evidence, Md., procurement manager's claims for denial properly dismissed (4th Cir.), 173 – References, SBA accord does not bar breach claims for failure to refer requests to human resources (D.D.C.), 1194 – Retaliation
– – Estoppel, Miss. agency fact findings do not apply to secretary's fired for complaint where administrative remedy available (5th Cir.), 527
– – Hostile environment, DOD industrial security specialist has no claim for discipline for late assessments and denying sick leave without documentation (4th Cir.), 900 – – Intolerable working conditions, DHS service has no claim (8th Cir.), 1099 – – Permanent assignment, VA nurse failed to show delay was for prior EEO charges (3d Cir.), 1286 – – Promotions, FRB worker may pursue claim despite failure to establish prima facie bias claims (D.C. Cir.), 346 – – Settlements, clerk has no claim for public disclosure where no economic harm, penalty only for violating contract (2d Cir.), 45 – Security clearances, civilian army worker may pursue claim for supervisors failed to submit renewal application (D.D.C.), 1039 – Sovereign immunity – Ultimate employment decision, Treasury Dep't worker has no bias claim for annual evaluation, not adverse employment action and no evidence of retaliation or harassment (5th Cir.), 839 – Veterans, agencies must waive maximum entry age requirement where not essential to performance, OPM memo, 1020 – Waivers
– – Technical assistance, EEOC issues document to help workers and employers secure knowing and voluntary waivers, 829
– – Voluntary police retirement program, Fair Pay Act inapplicable to suit by Fla. police officers, waiver valid where knowing and voluntary (11th Cir.), 1190
– Federal
See specific agencies
See specific states
– Changeability, CUNY teachers' union may charge for political activities related to new pact as well as share of affiliate union lobbying but amount charged excessive (2d Cir.), 1258
– Colo., constitutional amendment barring state and local government worker unions from making political contributions stayed, permanent order blocking 1st Amend. violations expected (Colo. Dist. Ct.), 803 – 1st Amend., Me. bill amending public worker law to allow deduction without authorization constitutional (U.S.), 111 – Late notices, AFSCME Dist. Council 33 delay in sending when responsible worker took family leave proper where sufficiently detailed (3d Cir.), 1159 – Md., bill letting unions negotiate with state agencies passes, governor will sign, religious objections allowed, 461; signed, 584 – Political activities, no private right to sue union for violating Wash. law for using fees without consent but may sue for restitution (Wash. Ct. App.), 24 – Wis., bill barring municipal employers and workers from ending grievance arbitration pacts and fair share agreements signed, 704
– Disability bias, denying applicant medical clearance and agency denying waiver improper (EEOC), 444
– Age bias
– – Jurisdiction, worker who claimed resignation and accord made under duress must appeal MSPB decision to Fed. Cir. (7th Cir.), 563
– – Promotions, failure to mention selection panel remarks after promoting younger applicant requires findings of fact (8th Cir.), 196 – Disability bias, Rehabilitation Act claims precluded by receipt of disability retirement benefits (D.D.C.), 1160 – Performance appraisals, MSPB must determine if OPM approved system used to fire worker for performance (Fed. Cir.), 648 – Performance-based pay, demonstration project for non-bargaining unit workers starts in July, 158 – Terrorism, claims by chemist denied access to agents due to involvement remanded for further FBI clarification (D.D.C.), In Brief, 1268 – U.S. Wildlife Serv.
See ARMED SERVICES
– Fed. Air Marshal Serv..
– Federal
– Appointments and personnel changes, Rinaldi president after runoff election, In Brief, 1060
– FAA pact
– Airport screeners
– Florence, parks and recreation director failed to prove sex bias in demotion where performance problems not pretext and due process hearing held (11th Cir.), 411
– Furloughs
See FURLOUGHS
– Mental Health and Retardation Dep't, DOJ charges refusal to reinstate medical assistant after return from Iraq (M.D. Ala.), 38 – Mobile, city worker failed to show race and sex bias in promotion denial and reassignment of duties (11th Cir.), 472
– Hiring freeze, governor implements, cites oil prices and state revenue, In Brief, 133
– Sex bias, Govt. Employee Rights Act validly abrogated 11th Amend. protection from constitutional claims (9th Cir., en banc), 619
– USCIS
See JUDGES
– Arbitration
– Case Notes, 687; 1165 – Federal sector complaints, time ripe for EEOC to make mandatory for handling bias charges, Analysis, 446 – FMCS
See MEDIATION
– Firefighters, public mass transit covered by partial fire protection exemption, authority considered state agency, dol opinion letter, 375
– Telecommuting
See TELECOMMUTING
See NATIVE AMERICANS
– Education, expansion of teacher pay-for-performance programs part of reform plan, Obama says, 312
– OSHA, projects funded by stimulus face increased inspections with special focus on construction, Solis says, 613 – Public schools and higher education, states that got fiscal relief retained or created jobs, preliminary estimate, 1224 – State and local government jobs, funds awarded by U.S. Ed. Dep't helped retain or create, FY2008 report, 1282
– Ed. Note: This heading includes federal and combined federal and state law claims. For cases involving state law claims only, see DISABLED EMPLOYEES. For federal contractors and employees, see REHABILITATION ACT.
– Accommodation – Arbitration, diabetic police officer submitting grievance for firing does not bar claim but essential elements of constructive discharge not met (D. Md.), 908 – Attorneys' fees, award to train operator who got damages for failure to accommodate irritable bowel syndrome must be calculated by prevailing rates where court sits (2d Cir.), 971 – Case Notes, 206 – Due process and retaliation, hearing-impaired Ill. police clerk may pursue claims for firing after complaining about secretary's comment (7th Cir.), 947 – Federal workers and contractors – Health risk assessment, requirement that all workers complete to participate in employer funded health reimbursement plan unlawful, EEOC opinion letter, 1154 – Hearing aids, business necessity defense permits USMS ban for court security officers (11th Cir.), 287 – HIN1 virus, technical assistance documents provides guidance on preparations without violating ADA, 559; applicability unknown, most likely not disability but might change if virus mutates to something more severe, CRS report, 1252 – Hiring, employer not subject to physical qualification standards may not follow without considering individual circumstances, EEOC opinion letter, 403 – Qualified individual with disability
– – High-risk pregnancy, Wis. bus driver unable to drive has no claim where no substantial limit on working (7th Cir.), 18
– – Non-sedentary jobs, no bias in refusing pre-K teaching assistant secretary job, but issue of fact about qualification for other jobs (11th Cir.), 74
– – Actual or perceived bias, diabetic Pa. town worker unable to do job has no claim (3d Cir.), 1162
– – Death threats against co-workers, fired doctor had no claim where hospital sincerely believed in threat of harm (7th Cir.), 838 – – Hiring, rejected N.Y.C. firefighter applicant failed to show erroneously judged for inability unable to squat or duckwalk after ankle injury (E.D.N.Y.), 106 – – Transfer, administrator with arthritis failed to show where teaching job in same broad class of jobs (6th Cir.), 870 – Smokers' rights, more employers refusing to hire based on health care costs, face legal challenges to disability bias, privacy rights, and state laws, Analysis, 1205 – Sovereign immunity, denying Senate Sergeant at Arms' motion to dismiss claim for accommodations denial not reviewable (Fed. Cir.), 17 – Substantial limit on major life activity
– – Breathing, accord reached with Detroit city planner with perfume sensitivity claiming disability bias and accommodation denial (E.D. Mich.), 832
– – Class of jobs, record does not support inference that water district perceived significant restriction (10th Cir.), 654 – Waivers, decision pending on whether mandatory arbitration clause in SEIU pact enforceable to bar bias suit (U.S.), 146
– Accruals, MSPB had no jurisdiction to hear mail processor's claim for failure to credit during leave without pay for job injury (Fed. Cir.), 135
– Disability bias, no breach where USPS adjusted payment based on negative leave balance (7th Cir.), 70 – Leave-sharing, Colo. bill expanding types of paid leave state workers can bank and share signed, 433 – Overtime, NYPD must include time spent caring for police dogs and scheduled tours exceeding statutory threshold in regular rate (S.D.N.Y.), 387; premium pay calculations appear to be final dispute, 683 – Vacation pay
See VACATION PAY
– Pensions
See PENSIONS
– ADR
– Assault, U.S. Penitentiary, Marion, Ill. and AFGE Local 2343, Arb Notes, 1198 – Attendance, Bi-State Dev. Agency and ATU Local 788, 983 – Demotion, Mission v. Individual Grievant, Arb. Notes, 1198 – Discipline, Marion, Ill. and Ill. FOP Lodge No. 197, Arb. Notes, 1237 – Domestic violence, Houston and Individual Grievant, Arb. Notes, 539 – Drug testing, D.C. Metro Police Dep't and FOP, Metro Police Dep't Labor Committee, Arb. Notes, 539 – Evidence, Minneapolis, Minn. Sch. Dist. #1 and Minn. Fed. of Teachers, Arb. Note, 538 – FAA reauthorization bill
– – Allegheny Cty. and Allegheny Cty. Prison Employees Indep. Union, Arb. Notes, 1237
– – Warrenville Heights and Ohio PBA, 1198 – Hours of work, DOD and AFGE Local 1345, Arb. Notes, 1237 – Immediate discharge, Steel and Indep. Sch. Dist. No. 1919 (Arb.), 983 – Longevity pay, Erie Cty., Pa. and Pa. Social Servs. Union Local 668, SEIU, Arb. Notes, 539 – Management rights, arbitrator properly decided that worker fired the day after probationary period ended may grieve firing (D.C. Cir.), 228 – Mandatory
See MEDIATION
– Promotions, Wash Labor & Indus. Dep't and Wash. Fed'n of State Employees (Arb.), 983 – Reinstatement of state trooper with ties to Ku Klux Klan, award not enforceable due to public policy against race bias (Neb.), 294; (U.S., rev den), 781 – Removal, Cal. county may appeal subject matter jurisdiction despite moving layoff claims from state court (9th Cir.), In Brief, 278 – Respirators, Santa Cruz and SIU Local 521, Arb. Notes, 539 – Retaliation, probationary teacher denied tenure for union activity must pursue educational employment relations claim, not grievance (Cal. Ct. App.), In Brief, 357 – Take-home vehicles, Marion and FOP, Ohio Labor Council, Arb. Notes, 539 – Wis., bill barring municipal employers and workers from ending grievance pacts and fair share agreements signed, 704 – Work assignments, Milwaukee and Milwaukee Proff'l Fire Fighters Local 215, Arb. Notes, 1198
– Bargaining rights, executive order giving state workers right to meet and confer over workplace issues overturned, 430
– Domestic partners, state workers notified that benefits will continue despite state budget stripping benefits, 1186 – Maricopa Cty., physician may pursue constitutional and Ariz. claims against county officials for trying to fire for supporting abortion training for medical students (D. Ariz.), 382 – Phoenix, class claim for benefits denial fails where notice of amount individual claims may be settled and intent to file class claim not given (Ariz.), 232 – Preferences, voters to decide whether to bar use in employment, education, and contracting, In Brief, 767
– Air Force
– – Civilian position, mandatory removal from reserves forced discharge from technician job (Fed. Cir.), 291
– – National origin and sex bias, ROTC instructor applicant has no claim where not pre-screened (10th Cir.), 139 – – Randolph Air Force Base, insistence that AFSCME local bargain new pact after agency head rejected portions was ULP (FLRA), 571 – – Restoration rights, retirees rehired by U.S. government have rights even if at-will (Fed. Cir.), 346
– – Age and race bias, engineering technician passed over for promotion for more than 15 years failed to show harassment or retaliation, pattern or practice of bias must be classwide (6th Cir.), 646
– – Age, race, and sex bias, civilian army worker may pursue claim for supervisors failed to submit renewal application (D.D.C.), 1039 – – Continuous service, orthodist who took temporary excepted service job with VA may appeal firing during probation (Fed. Cir.), 677 – – Disability bias, civilian who claimed harassment and accommodation denial led to constructive discharge gets damages (E.D.Mich.), 1249 – – Disability retirement, no jurisdiction to hear claim by federal worker where mixed case even if bias claim dismissed (Fed. Cir.), 1037 – – Fort Dix, civilian police officer claiming racially hostile environment failed to present sufficient evidence or rebut legitimate reason for firing (3d Cir.), 771 – – Mgmt. Staff College, data specialist removed from job after threatening violence has no claim for being barred from premises after accord (Fed. Cir.), 1285 – – Pine Bluff Arsenal, no age or sex bias in retaining younger male security guard longer than older woman after arrest, rules different (8th Cir.), 380 – – Reserves
– – – CBP, partnership will provide access to job openings at CBP for reservists, In Brief, 493
– – – Nev., DOJ charges state with denying chief deputy controller reinstatement after return from active duty (D. Nev.), 763 – – – Reinstatement denial, DOJ accord (E.D.N.C.), 283 – – Veterans' preferences, applicant for civilian job whose military documents were disregarded to show experience violated USERRA (Fed. Cir.), 1034 – – West Point, AFGE to challenge decision to privatize public works jobs, no GAO protest until Army briefing and SBA challenge resolution, 457; contract for public works functions improperly awarded due to improper calculation of cost savings, 1250 – FY2010 budget resolution
See MILITARY LEAVE
– National Guard
See NATIONAL GUARD
– – Age and sex bias, Navy civilian has no claim for reassignment or elimination of job (4th Cir.), 1190
– – Age bias, police officer failed to show more rigorous training program unlawful, early retirement request denial not retaliation (11th Cir.), 46 – – Appeals, worker firing in first year of permanent job may ask for MSPB review due to prior work in temporary job (Fed. Cir.), 1039 – – Bargaining units proposed following reorganization inappropriate (FLRA), 297 – – Circular A-76, protest challenging evaluation of agency tender that Navy improperly conducted discussions after rating hospital proposal upheld (GAO), 861 – – Due process, MSPB had no jurisdiction to review Navy civilian's national security suspension (Fed. Cir.), 1191 – – Excepted service, former civilian could not make post-retirement contribution to CSRS where not eligible for benefits (Fed. Cir.), 1125 – – Fleet Readiness Ctr., civilians reorganized from command unit no longer separate from workers in unit to which transferred (FLRA), 572 – USCG, civil rights programs for military and civilian members have been a problem for may years, House panel demands immediate action, 398; panel leaders urge Controller Gen. to ask GAO to study OCR, implementation of EEO programs, 459; progress made in implementing recommendations of report criticizing failure to increase diversity, 759 – USERRA
See ARMED SERVICES
– Transfer, school administrator failed to show she was regarded as disabled where teaching job in same broad class of jobs (6th Cir.), 870
– Knowing exposure to dangerous levels, museum worker who got asbestosis files OSC whistleblower charge, 369; Smithsonian director says no threat to workers, plan to respond to concerns and preclude further problems unveiled, House hearing, 458
See DUES, UNION
– Availability pay, NOAA criminal investigator fired for inaccurate time and attendance data has no claim for accord breach where unable to perform unscheduled duty (Fed. Cir.), 681
– Case Notes, 206; 478 – Disability bias
– – Driving anxiety, Ill. county nurse unable to drive after car accident has no claim, not major life activity (7th Cir.), 525
– – Known disability, postal worker fired for excessive absences failed to show pretext, other workers disciplined for attendance not previously fired (9th Cir.), 742
– Blog posting, Fla. prosecutor suspended after posting memos about police shooting investigation has retaliation claim, but disclosure of other internal e-mails, disrespectful comments, and misleading supervisors about expert witness fees support suspension (S.D. Fla.), 814
– Case Notes, 935 – Classified service, putting assistant law director job in noncompetitive category exceeded Ohio city's authority under state home rule provisions (Ohio Ct. App.), 846 – Fees
See ATTORNEYS' FEES
– – Cal., no 1st Amend. violation in requiring states' attorneys office to get permission before representing clients in private practice (9th Cir.), 252
– – Deputy LA district attorney may pursue claim for harassment and demotion for criticizing D.A. (9th Cir.), 197 – Legal Servs. Corp., professional nonmanagerial oversight staff votes in favor of IFPTE representation, 1059 – Merit principles, union representing Cal. state attorneys, ALJs, and hearing officers failed to prove failure of statutory bargaining process unconstitutional (Cal. Ct. App.), 777 – National origin, race, and sex bias, award to deputy LA city attorney improper, failed to show evidence of unacceptable behavior was pretext (U.S., rev den), 782 – N.J., no due process or equal protection violating in revising ethics code to bar practicing law while serving as state troopers (D.N.J.), 872 – Political affiliation
– – Civil Rts. Div., senior DOJ official improperly used political considerations in hiring, IG reports, 59
– – Md. office workers fired after supporting state's attorney opponent have free speech claims (Md.), 440
See PRIVILEGE
– ADR, court administrator entitled to costs of mediation, city representative had no settlement authority (E.D. Mich.), 352; administrator has standing but immunity bars claims for promotion denial due to relationship with judge, 411
– Age bias, Ill. county police officer who sued sheriff for age bias must pay sheriff's expenses for bad faith suit (7th Cir.), 1104 – Appeal rights, successful INS deportation officer must pursue request in court for work challenging MSPB decision (Fed. Cir.), 169 – Cal., plaintiff must pay tax on attorney's fees paid directly to attorney (9th Cir.), In Brief, 258 – Due process, Ohio zoning inspector fired after critical e-mail should have gotten award removal from state court for 14th Amend. claim (6th Cir.), 71 – 1st Amend. retaliation, FRCP allows weighing settlement discussions in assessing success in computing award (3d Cir.), 926 – Ohio, municipalities exempt from punitive damages and attorneys' fees (Ohio Ct. App), 323 – Presumptively reasonable fee, award to train operator who got damages for failure to accommodate irritable bowel syndrome must be calculated by prevailing rates where court sits (2d Cir.), 971 – Retaliation, award for refusal to hire after earlier sexual harassment suit upheld but fees must be reconsidered where out-of-district rates used (2d Cir.), 1073
– Due process and equal protection, unsuccessful airport screener applicant may not challenge hiring decision for administrator discretion (2d Cir.), 405
See GRANTS
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