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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
DAMAGES
– Back pay
See BACK PAY
– Liquidated
See PUNITIVE DAMAGES
See CHILD CARE
– Public Safety Officers' Benefits Programs, DOJ issues final rule clarifying parameters for benefits, 11
– Tax debt, IRS reviewing performance of private collection program, will decide on contract renewals by March, 155; IRS announces end of program, 275
– Due process and equal protection, supervisors immune from claims for failure to clear Conn. corrections officer accused of choking co-worker (Conn. App. Ct.), 980
– Immunity, Congressman may not be sued for comments to press on civilian deaths in Iraq where within scope of employment (D.C. Cir.), 590 – Retaliation, worker who filed internal sexual harassment complaint against co-worker may file counterclaim (Ohio Ct. App.), 415
See also generally FEDERAL CONTRACTS AND CONTRACTORS
– Acquisition workforce, DOD lacks critical data to meet national security mission, fails to collect data on contractor personnel, GAO report, 399 – Combat zone indicators, IRS use to identify military or civilians who support missions often inaccurate, IG report, 1218 – Correction of Longstanding Errors in Agencies' Unsustainable Procurements Act – Military retirement and annuitant payments, services currently done by contractor will be done by DFAS, director announces, 492 – Outsourcing, no indication OMB pressured military to hold public-private competitions, some from chain of command, IG report, 63; reexamining using contractors instead of civil servants or military personnel needed, GAO official tells House panel, 218; moratorium on outsourcing in FY2010 defense authorization bill until compliance with statutory requirements, In Brief, 801 – Waste, reliance on contractors for services heavier, federal workforce smaller despite NDAA, remedial action needed, paper, 8
– Age bias, industrial security specialist has no retaliation claim for denying sick leave without documentation (4th Cir.), 900
– Armed services
See ARMED SERVICES
– Contracting out – Intelligence Reform and Terrorism Protection Act, significant progress made in eliminating backlog and timeliness but more work needed, report, 1057 – National origin bias, fired Nigerian-born auditor-trainee has no claim for supervisor suggestion to take English lessons where no protected activity (10th Cir.), 406 – NDAA – Outsourcing, no indication OMB pressured military to hold public-private competitions, some from chain of command, IG report, 63; reexamining using contractors instead of civil servants or military personnel needed, GAO official tells House panel, 218; moratorium on outsourcing in FY2010 defense authorization bill until compliance with statutory requirements, In Brief, 801; FY2010 National Defense Authorization Act, see LEGISLATION, FEDERAL, HR 2647, S 1390 – Pay and benefits, agencies deploying civilians abroad need better ways of ensuring uniform approach, GAO report, 794 – Race bias, Filipina failed to prove delay in approving advance medical leave for surgery different than similarly situated co-workers, no evidence reasons were pretext, harassment not severe or pervasive enough (6th Cir.), 841 – Veterans' preferences, applicants without improperly hired where exception to competitive exam process not properly sought (Fed. Cir.), 15
– Military retirement and annuitant payments, services currently done by contractor will be done by DFAS, director announces, 492
– Race bias, African Am. workers failed to show promotion practices had racially disparate impact, data retention policy limited available data (6th Cir.), 620
– Pensions
See PENSIONS
– State and local retirement plans, automatic stabilizer in struggling economy, report, 247
– Gender variance bias, executive order expanding protections for state workers and applicants issued, In Brief, 945
– Revenue shortfall, cost-cutting proposals include across-the-board pay cut for state workers, 341 – Sexual orientation bias, bill giving gays and lesbians protection in workplace and other areas approved, 767
– Change in job duties with same position and salary, no adverse action, no due process rights infringed (7th Cir.), 288
– Disability bias, school bus driver may pursue claim where bladder condition made him unable to comply with drug testing procedures (M.D. Tenn.), 906 – Free speech, deputy LA district attorney may pursue claim for harassment and discipline for criticizing D.A. (9th Cir.), 197 – Pregnancy bias, Fla. county sheriff's office policy unlawfully required pregnant staff to take light duty, investigator gets damages, DOJ accord (M.D. Fla.), 669 – Productivity, disparity between Houston office standard and other offices did not make invalid, lowering after demotion for failure to meet did not show unreasonability (Fed. Cir.), 564 – Race bias, African Am. officers get damages for systemic bias by Minneapolis Police Dep't (D. Minn.), 496 – Sex bias, N.Y. election official forced to quit after female co-worker claims established prima facie case of constructive discharge (2d Cir.), 676
– Federal employees
See specific departments
– Actual or perceived bias, diabetic Pa. town worker unable to do job has no claim (3d Cir.), 1162
– Arbitration, police officer submitting grievance for firing does not bar ADA claim but essential elements of constructive discharge not met (D. Md.), 908 – Disability bias, claim by metallurgist who disputed accommodation for extended out-of-town project reinstated (9th Cir.), 249 – Immunity, Pa. probation officer may pursue claim for firing after hospitalization where one subunit took federal funds (3d Cir.), 103
– Age bias, decision that plan differentiation based on eligibility for normal retirement not ADEA violation disregards OWBPA, AARP attorney says (U.S.), 829
– Disability bias, USDA worker's Rehabilitation Act claims precluded by receipt of retirement benefits (D.D.C.), 1160 – Evidence, information arising after postal worker quit may be considered in determining whether heat and dust on rural route aggravated chronic asthma (Fed. Cir.), In Brief, 1009 – Income tax, IRS criminal investigator who stopped providing income statements after payments levied to satisfy unpaid taxes has no claim (5th Cir.), In Brief, 537 – Public Safety Officers' Benefits Programs, DOJ issues final rule clarifying parameters for benefits, 11 – Retirement, no jurisdiction to hear claim by federal worker where mixed case even if bias claim dismissed (Fed. Cir.), 1037 – Transfer, N.J. teacher who resigned after transfer for problems with principal refused has no claim for benefits denial (N.J. Super. Ct.), 51
– Federal law claims
See DISABLED EMPLOYEES; specific states
– Disability.gov, DOL launches new web site to provide data about programs and services, In Brief, 897
– FY2010, Solis proposes increased funding to add more staff, 582
– Ed. Note: This heading covers state law claims only. For cases involving ADA or combined ADA and state law claims, see AMERICANS WITH DISABILITIES ACT (ADA). For federal workers and contractors, see REHABILITATION ACT.
– 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 – Conn., state FEP law waives state immunity from paralegal's bias claims (Conn.), 655 – Federal, government should use chances to increase numbers, prevent departures, NCD policy paper, 398; progress made in implementing recommendations of report criticizing failure to increase diversity, 759 – Federal Work Force, EEOC annual report, FY2008, 1055 – Mandatory Veteran Specialist Training Act – Nat'l Disability Employment Awareness Month, job fair and town hall meetings on EEOC proposed ADAAA rules among steps taken to promote jobs, President says, 1149 – Neb., Civil Serv. Comm'n may hear police officer claim for firing for failure to meet health requirements despite not untimely filing (Neb. Ct. App.), 476 – N.Y.C., Homeless Servs. Dep't policy limiting extended medical leave to permanent workers violates interactive process requirements of state human rights law (N.Y. App. Div.), 981 – N.D. sports information officer has no bias claim, courts must defer to Univ. personnel board decision despite state human rights law (N.D.), 598 – ODEP – Wash., no separation of powers violation in applying amended definition of disability retroactively (Wash.), 233 – Wounded Veteran Job Security Act
– Automated photo-enforcement system, ATU suit seeks to end Chicago bus system policy of penalizing drivers for red light camera violations (Ill. Cir. Ct.), 997
– Case Notes, 954; 1165 – Demotions
See DEMOTIONS
– Due process, presence of procedures does not establish right to continued employment, Ill. civil engineer fired for violating restraining order has no claim (7th Cir.), 528 – Free speech, prosecutor suspended after posting memos about police shooting investigation on blog 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 – Limitation period, Neb. Civil Serv. Comm'n may hear police officer claim for firing for failure to meet health requirements despite untimely filing (Neb. Ct. App.), 476 – Occupational safety and health, OSHA orders corrective action, back pay, fees, and punitive damages for N.Y. commuter railroad retaliation, 766 – Past infractions, hearing officers may consider when deciding whether to uphold firing (Ala.), 1266 – Performance-based pay, adverse action based on poor performance more difficult because of system itself, MSPB report, 1148 – Pretext, CFTC worker failed to prove charges against him unsubstantiated or that military service motivated firing (Fed. Cir.), 1286 – Race bias – Sex bias, N.J. police sergeant with several disciplinary findings on record failed to show sex bias in promotion denial (3d Cir.), 1134 – Suspending faculty status, Ohio professor denied due process where not offered name-clearing hearing for plagiarism scandal (6th Cir.), 134 – Suspension
See SUSPENSIONS
– Use of deadly force, adequate evidence supported jury finding that white Cleveland police officer involved in shooting treated adversely due to race and in retaliation for complaints (6th Cir.), 773 – Using illegal substance, corrections officer gets reinstatement and back pay where unaware he was using steroids (Fed. Cir.), 1072
– Censorship, FBI special agents who criticized agency's handling of terrorist funding have 1st Amend. claim for using exemptions to block disclosure (D.D.C.), 682
– FOIA
See PRIVACY
See PRIVACY ACT
See WHISTLEBLOWERS
– Attorney-client privilege, requests by former supervisor fired for refusal to recant charge that firm used undocumented workers not barred (U.S., rev grant), 146
– Case Notes, 935; 1165 – Privilege, Cal. school secretary who quit after sexual harassment may get documents produced for outside counsel investigation (Cal. Ct. App.), 52 – Recalcitrance, Secret Service may not defend against prima facie class race bias after failure to respond to requests (D.D.C.), In Brief, 53
See specific types of discrimination
– Age bias
– Age and race bias, AFSCME organizer may pursue D.C. law claim for transfer for filing grievance where union based in D.C. (D.C.), 1138
– Case Notes, 954 – Consumer and Regulatory Affairs Dep't, electrician has sex bias claim for promotion denials where no legitimate, nondiscriminatory reason but no retaliation, harassment or constructive discharge (D.D.C.), 1163 – Ed. Servs. Dep't, AFGE Local 2741 charges city reprogrammed funds to eliminate office to privatize day care, 1027 – Hatch Reform Act – Water & Sewer Auth.
– – Disability bias, ADAAA not retroactive, physically impaired worker who did not raise significant limit on major life activity has no claim for accommodation (D.C. Cir.), 946
– – Race bias, appeal of certification of race bias class action not filed within 10 days untimely (D.C. Cir.), In Brief, 570
– Affirmative action
– Federal Work Force, EEOC annual report, FY2008, 1055 – Federal workers, enhancements among new OPM chief's long term goals, 637 – Previously underserved populations, Solis commits to fostering, budget hearing, 582 – 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
See PHYSICIANS
– Ariz., state workers notified that benefits will continue despite state budget stripping benefits, 1186
– Benefits, Obama signs memo letting federal workers add same-sex partners to long-term care insurance, supervisors must allow sick leave to care for partners and non-biological, non-adopted children, 727 – Colorado
– – Beneficiaries, bill giving unmarried people right to designate for health insurance and retirement benefits signed, 462
– – Group health benefits, bill making same-sex partners of state workers eligible for coverage signed, In Brief, 645 – Health benefits, no La. constitutional violation in requiring registration to qualify for benefits (La. Ct. App.), 141 – Nev., veto of bill extending rights and benefits offered to married couples overturned, but no duty to extend health benefits, 671 – Ohio, Franklin Cty., health care benefits offered to partners of county workers, In Brief, 968 – Same-sex
– Ceremonial sword, Sikh IRS agent has no claim for denying right to wear to work, Title VII preempts RFRA claims (S.D. Tex.), 1074
– D.C., firefighter no-beard safety rule overturned as religious bias (D.C. Cir.), 315 – Dreadlocks, Rastafarian Md. corrections officer failed to prove firing not for performance and preferential treatment of subordinate (4th Cir.), 930 – Facial hair, CBP had management right reject NTEU proposals but FLRA improperly authorized rejecting trimming without evidence of respirator use (D.C. Cir.), 69; agency must bargain with NTEU over proposed facial hair ban for officers who may wear respirators (FLRA), 779 – Head scarf
– – Religious bias, Muslim Philadelphia police officer denied right to wear has no claim where accommodation would be undue hardship (3d Cir.), 498
– – Uniform policy, DOJ charges N.J. Corrections Dep't violated Title VII in suspending and firing officer for wearing (D.N.J.), 735 – Trousers, Pentecostal N.Y.C. bus driver whose religion barred wearing slacks may pursue claim for not allowing her to wear skirts (S.D.N.Y.), 874
– Distracted, E.O. barring text messaging while driving on official business and using government equipment signed, LaHood announces other measures to combat, 1120
– FMCSA, employer not subject to physical qualification standards may not follow without considering individual circumstances, EEOC opinion letter, 403 – Mass transit
See MASS TRANSIT
– School bus
– Prescription benefits
– Case Notes, 954
– Cocaine, Md. police officer who quit after testing positive could be denied retirement benefits for not having rendered honorable service (Md. Ct. Spec. App.), 818 – Driving under the influence, Tenn. merit board may consider expunged conviction in reviewing firing for failure to disclose on application (Tenn. Ct. App.), In Brief, 1233 – Steroids, BOP officer gets reinstatement and back pay where unaware he was using illegal substance (Fed. Cir.), 1072 – Substantial limit on major life activity, fired administrative assistant who fell asleep on job failed to show restrictions on jobs or pretext for age bias (10th Cir.), 654
– Disability bias, applicant denied deputy jailer job for failing prehire test has no claim where failure to pass test not protected disability (W.D. Ky.), 625
– Disability bias, school bus driver may pursue claim where bladder condition made him unable to comply with random testing procedures (M.D. Tenn.), 906 – FMLA, Mich. sheriff's department security officer has no claim for firing for missing drug test due to overnight injury (6th Cir.), 901 – Random, N.C. school system policy is unconstitutional search (N.C. Ct. App.), 748 – Safety sensitive jobs, W. Va. school district may not implement random testing policy where likely to violate 4th Amend. (S.D. W. Va.), 140 – Standard of review, Tenn. patrol officer who failed random test properly fired, results properly admitted by merit board (Tenn.), 355
– Race and sex bias, African Am. man has no claim for promotion denial where qualifications similar to woman selected (4th Cir.), 73
– Annexation, Neb. police officers only get severance pay, no property interest bars job retention rights (8th Cir.), 1030
– ATSA, unsuccessful airport screener applicant may not challenge decision where law creating TSA gives administrator discretion (2d Cir.), 405 – Attorneys' fees, Ohio zoning inspector fired after critical e-mail should have gotten award removal from state court for 14th Amend. claim (6th Cir.), 71 – Case Notes, 687 – Defamation, supervisors immune from claims for failing to clear Conn. corrections officer accused of choking co-worker (Conn. App. Ct.), 980 – Disability bias
– – P.R. Police Dep't, officers fired for medical conditions have no due process claim where not eligible for reinstatement (1st Cir.), In Brief, 847
– – Retaliation, hearing-impaired Ill. police clerk may pursue claims for firing after complaining about secretary's comment (7th Cir.), 947 – – W.Va. medical resident failed to show firing after sexual harassment complaints, no retaliation for rejecting second chance (4th Cir.), 743 – Employment at will, D.C. schools transportation division manager may pursue claim where job did not fall within statutory definition of Executive Serv. (D.C. Cir.), 707 – Free speech, principal of N.Y.C. public Arabic language school lawfully forced to resign for remarks about student shirts in interview (S.D.N.Y.), 1161 – Immunity, no clearly established rights, Or. governor not liable for press releases about managerial staff (9th Cir.), 768 – Liberty and property interests, deputy sheriff fired for giving alcohol to minor has no claim where administrative remedies not exhausted (8th Cir.), 407 – Liberty interest
– – Misconduct, college president who got pretermination hearing in open session entitled to separate hearing to clear name (8th Cir.), 1189
– – Plagiarism, Ohio professor implicated in scandal entitled to name-clearing hearing before suspending graduate faculty status (6th Cir.), 134 – Moonlighting, no constitutional violation where N.J. changed ethics code to bar practicing law while serving as state troopers (D.N.J.), 872 – Municipal liability, fired Dallas police chief has no claim where city manager was not policymaker (U.S., rev den), 418 – Political activities bias, Ill. corrections managers who supported GOP laid off after Democrat inaugurated failed to show bias influenced rehire refusal (7th Cir.), 1284 – Pre-termination hearing, P.R. prosecutor not present after postponements has no claim where given several chances to present case (1st Cir.), In Brief, 1139 – Property interest
– – Contract nonrenewal, music professor whose contract removed after student complaint about homosexuality remarks has no claim (S.D. Miss.), 1292
– – Disciplinary procedures, presence does not establish right to continued employment, civil engineer fired for violating restraining order has no claim (7th Cir.), 528 – – Job duties, no loss in demotion with same position and salary (7th Cir.), 288 – – Notice and written response, Del. schools computer technician who got 5 disciplinary letters got adequate process before firing (3d Cir.), 1033 – – Paid suspension, Pa. firefighter put on without notice of lack of training or certification has claim (3d Cir.), 16 – Retaliation
– – Free speech, Pa. corrections officer had no claim for reprimand for misconduct after helping co-worker file sexual harassment claim (3d Cir.), 712
– – Perceived vendetta, professor who filmed classes and refused to explain sabbatical failed to prove claims (8th Cir.), In Brief, 442 – Retirement, Phoenix, police officer forced to quit to keep lifetime benefits after sexual harassment investigation has no constructive discharge claim (9th Cir.), 770 – Retirement, reduction of firefighters' benefits through bargaining no violation (D. Conn.), 318 – Review process, Colo. police officer has no claim where police chief who recommended firing led pre-termination hearing (10th Cir.), 950 – Sexual harassment, assistant Nev. principal who made sexually explicit phone call to secretary from home has no claim for contract nonrenewal (10th Cir.), 410 – Sovereign immunity, Mich. court workers fired after interviews during oversight review raised factual issue of protected property interest in jobs (6th Cir.), 350 – Substantive
– – Inmate attack, Philadelphia police officer has no claim, no government action (3d Cir.), In Brief, 1268
– – Romantic relationship with former inmate, fired Mass. prison guard has no claim, state has security interest in monitoring relationships (1st Cir.), 348 – Whistleblowing, officers have no §1983 claim for expulsion from FOP, no state action (7th Cir.), In Brief, 935
– Agency fees
See AGENCY FEES
– Recognition of union, Ill. deputy sheriffs may be represented by union after getting authorization cards or petitions even though no dues deductions (Ill.), 22
See BARGAINING DUTY
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