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INDEX
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

    H1N1 VIRUS
      – ADA, technical assistance documents provides guidance on preparations without violations, 559; applicability unknown, most likely not disability but might change if virus mutates to something more severe, CRS report, 1252
      – Cal., 25M respirators released to health care facilities in response to delays in vaccine availability, 1253
      – Continuity, federal workers unsure of plans in connection with potential pandemic, survey shows strong relationship between telework and readiness, 582; OPM official focuses on attempt to promote to ensure COOP, 582
      – Health care workers, SEIU finds state health departments backing away from CDC guidelines, 600; restraining order barring N.Y. from mandating vaccinations for health care workers issued (N.Y. Sup. Ct.), 1201; mandatory vaccinations for H1N1 and seasonal flu suspended, 1222
      – Nurses, some health care providers mandating vaccinations, unions recommend protection but oppose mandate, 1201
      – Respirators
        – – Border Patrol CBP and NTEU attain pact on agents' use to protect against virus, 942
        – – Health care workers, workers who interact with patients with suspected or confirmed cases should wear, IOM says, 1066
        – – N95, CDC revised guidance for health care workers, recommends use for those in close contact with suspected or confirmed patients, 1203
      – Surgical masks, CDC revised guidance recommending public health personnel wear if respirator not available, SEIU says masks insufficient, 524; DHS giving supervisors right to decide whether airport screeners and customs officers can wear masks, House panel critical, 601; TSA Authorization Act, see LEGISLATION, FEDERAL, HR 2200
      – Worker health and safety guidance, OSHA releases, includes Quick Cards, 600; AFL-CIO and other unions urge OSHA to issue hazard alert or compliance directive and require PPEs, 643
    HAIRSTYLES
    HARASSMENT
    HATCH ACT
      – D.C., Hatch Reform Act
        See LEGISLATION, FEDERAL, HR 1345
    HAWAII
    HAZARDOUS SUBSTANCES
      – Aerosol transmissible and zoonotic diseases, Cal. OSH Bd. approves workplace standards, 673; Admin. Law Dep't approves standard, effective date set, 805
      – At-risk OSHA workers, staff whose work creates risk of exposures or other hazardous conditions covered under agency medical examination program, In Brief, 1093
      – Federal Firefighters Fairness Act
        See LEGISLATION, FEDERAL, S 599
    HCQIA
    HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)
      – Ark. Reg'l Lab., custodian fired for inaccurate recordkeeping, not retaliation for prior EEO complaint (8th Cir.), 351
      – FDA
      – Nat'l Inst. of Dental and Craniofacial Research, researcher has no national origin bias claim where remedies not exhausted and remark not made by decisionmaker (4th Cir.), 174
    HEALTH AND SAFETY
    HEALTH BENEFITS
    HEALTH CARE INDUSTRY
      – Cal., 25M respirators released to health care facilities in response to delays in H1N1 vaccine availability, 1253
      – Doctors
      – H1N1 virus
      – Home care
      – Hospitals
      – Insurance
      – Medical school hospitals
      – Nurse and Health Care Worker Protection Act
        See LEGISLATION, FEDERAL, HR 2381
      – Nurse Protection Act
        See LEGISLATION, FEDERAL, S 1788
      – Nurses
    HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)
      – Supremacy clause, no constitutional violation where medical school director refused to provide peer review data to another hospital based on state privilege (11th Cir.), 711
    HEALTH INSURANCE
      – Colorado
        – – Beneficiaries, bill giving unmarried people right to designate signed, 462
        – – Group health benefits, bill making same-sex partners of state workers eligible for coverage signed, In Brief, 645
      – Continuation, COBRA rights
      – Disability bias, requiring workers to participate in Clinical Health Risk Assessment to be eligible violates ADA, EEOC opinion letter, 558
      – Domestic Partner Benefits and Obligations Act
        See LEGISLATION, FEDERAL, HR 2517, S 1102
      – Domestic partners
      – Employer provided, annual costs for management and professional workers, BLS report, 1253
      – Federal employees
      – Genetic Information Nondiscrimination Act
      – Health risk assessment, requirement that all workers complete to participate in employer funded plan violates ADA, EEOC opinion letter, 1154
      – Long-term care
      – Public sector, employers prefer to control costs through disease management and wellness programs over consumer-directed plans, IFEBP survey, 168
      – Retirees
      – Retirement, Phoenix, police officer forced to quit to keep lifetime benefits after sexual harassment investigation has no constructive discharge claim (9th Cir.), 770
      – 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
      – State and local employees
        See specific states or types of public employees
    HEALTHCARE WORKERS (NUHW)
      – Fresno, home health care workers must choose between representation by SEIU affiliate or switch to newly created union, 523
    HEARING IMPAIRMENTS
      – Disability bias, requiring park ranger to have annual review of hearing standard waiver did not show Interior Dep't perceived as disabled (10th Cir.), 500
      – Due process and retaliation, hearing-impaired Ill. police clerk may pursue claims for firing after complaining about secretary's comment (7th Cir.), 947
      – Hostile environment, impaired former dean may pursue disability bias claim for adverse actions after supporting former president, others claimed she was not deaf enough (D.D.C.), 977
      – Seniority, accord awarding impaired railroad repairman retroactive seniority and top pay rate to hearing-impaired applicant preempts pact terms (Mass.), 746
    HEARSAY
      – Party opponent, N.C. agency director's statement that candidate not selected because people objected to gender and youth was admissible (4th Cir.), 409
      – Public records, exception inapplicable to co-worker statements about Bahamian corrections worker threats against supervisor (11th Cir.), 562
      – Race bias
        – – Promotion denial claim reinstated, white worker's application within public record exception and prior supervisor bias may adversely affect record (6th Cir.), 528
        – – Public records exception claim denied on appeal in local government worker's suit (Ky. Ct. App.), 255
    HIGH SCHOOLS
    HIGHER EDUCATION
    HIRING
      – Acquisition professionals, more needed to keep up with contract spending and complexity increases, OFPP strategic plan, 1279
      – Age bias
      – Alaska, governor implements freeze, cites oil prices and state revenue, In Brief, 133
      – ARRA, DOJ awards funds to create and retain law enforcement jobs, 522; Biden and Holder announce grants to departments in 50 states to fund entry-level pay and benefits, 895
      – Attorneys, senior counselor to Atty. Gen. improperly used political considerations in Civil Rts. Div. hiring, IG reports, 59
      – Border Patrol, CBP did not follow best practices in determining cost estimates for hiring new agents in FY2009, GAO report, 731
      – Case Notes, 1234
      – Cheating and intimidating Filipino teachers, AFT files complaint against unlicensed recruiter for high fees, 1126
      – Constructive suitability, ALJ improperly relied on CPSC proof to reject claim by applicant for rescinding offer for failing to mention prior firing during probation (MSPB), 658
      – Criminal activities, applicant properly denied IRS seasonal tax examiner job after conviction for conspiracy and mail fraud (Fed. Cir.), In Brief, 1233
      – Disability bias
      – Disabled veterans, VA trying to hike number in workforce, Peake announces, 34
      – Disabled workers, Nat'l Council on Disability says government should use chances to increase numbers and prevent departures, policy paper, 398
      – Due process and equal protection, unsuccessful airport screener applicant may not challenge decision where ATSA gives administrator discretion (2d Cir.), 405
      – Federal agencies, OPM nominee Griffin stresses importance of improving, confirmation hearing, 828; 273K mission-critical jobs need to be filled in next 3 years, report, 1018
      – Federal Career Intern Program, NTEU may pursue challenge to implementing rules (D.D.C.), 857
      – Federal Hiring Process Improvement Act
        See LEGISLATION, FEDERAL, S 736
      – Federal procedures, streamlining among new OPM chief's short term goals, 637
      – FERS Redeposit Act
        See LEGISLATION, FEDERAL, HR 828
      – Gender variance bias, transsexual whose CRS job was rescinded after supervisor learned of sex change gets damages (D.D.C.), 516
      – Gov't acquisition workforce personnel, defense agencies may use expedited policies to address shortages, 97
      – IRS, agency to start largest hiring initiative in recent history to address corporate compliance and international issues, 400; 700 will be added in FY2009, FY2010 budget includes 800 international enforcement specialists, In Brief, 639; actions agencies should take to address hiring process, attrition rates, and morale described, Workforce of Tomorrow Task Force final report, 1092
      – Job simulations, may be important tool for evaluating performance potential but not suitable for all agencies or jobs, MSPB report, 1277
      – Military spouses, OPM publishes final rule making certain military spouses eligible for noncompetitive hiring, 966
      – National origin and sex bias, Native Am. man and white woman failed to provide evidence of bias in hiring decisions (D. Minn.), 76
      – National origin bias
      – OSHA, agency directed to hire at least 30 inspectors, focus on applicants with bilingual skills, House report, 429; agency facing challenges meeting, Barab says, In Brief, 761
      – Political affiliation, applicants may pursue privacy claims for DOJ officials printing out data from internet to determine (D.D.C.), 1106
      – Poor economy, federal government hiring, excellent match for young job seekers, report, 61
      – Procedures, OPM final rule would clarifies difference between objections and pass overs in competitive hiring, 798
      – Public sector, effects of current economic crisis felt but staffing plans better than private sector, IPMA-HR report, 167
      – Race bias
      – Religious bias, DOJ accord with D.C. Transit Auth. for refusal to accommodate bus driver applicant announced (D.D.C.), 165
      – Security clearances, progress made in processing, OPM investigative reports lack required documentation, CRS briefing, 7; final rule added subpart preserving merit principles and veterans' preferences while streamlining processes and providing flexibility, 93; reform team issued reports on progress and future plans, but gaps may hamper true reform, GAO report, 860
      – Sex bias
      – Sexual harassment, no prejudice in judge's remarks to defense witness, front pay award for refusal to hire after earlier suit upheld (2d Cir.), 1073
      – Sexual orientation bias, supervisor accused of favoring homosexuals not liable to information specialist where not involved in investigation that led to firing (9th Cir.), 226
      – USERRA, veteran who filed suit 13 years after Chicago refused to hire has no claim, 2009 amendment removing limitations period not retroactive (7th Cir.), 1071
      – Veterans Employment Opportunity Act (VEOA)
      – Veterans, preferences
    HISPANICS
    HOLIDAYS
      – 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
      – Pay, Cal. police officers may include in calculating regular rate of pay for overtime purposes (N.D. Cal.), 842
      – Unused, Ohio county sheriff's office need not pay command officer where FOP pact does not specify (Arb.), 149
    HOME-BASED WORK
    HOME HEALTH CARE
      – Cal., emergency stay of injunction barring state from cutting hourly wages denied (9th Cir.), 866
      – Fresno, home health care workers must choose between representation by SEIU affiliate or switch to newly created union, 523
      – Ill., AFSCME district council and SEIU local seek to represent home-based personal support caregivers, 1024
      – Wash., SEIU complaints about suspending pay raises in budget cuts accelerated (Wash.), 221
    HOMELAND SECURITY
      – Clearances
      – James Zadroga 9/11 Health and Compensation Act
        See LEGISLATION, FEDERAL, HR 847
    HOMELAND SECURITY DEPARTMENT (DHS)
      – Age bias, no retaliation for complaints about intolerable working conditions (8th Cir.), 1099
      – ARRA, priority personnel hiring plan to properly award and manage contracts needed, IG report, In Brief, 967
      – Collective rights, granting will improve agency ability to carry out mission, House panel told, 276
      – Contracting out, use of contract security guards to protect federal buildings continuing despite Congressional efforts to protect employees, CRS report, 125; DHS proposed FY2010 budget transfers FPS from ICE to Nat'l Protection Programs Directorate, AFGE praises, 550; serious problems continue to cause security risks, GAO says required training not conducted, 793; transfer from ICE to Nat'l Protection and Programs Directorate announced, 1247
      – Customs and Border Patrol
      – Cybersecurity, DHS authorized to hire professionals to assist in protecting computer networks, 1150
      – Diversity, meeting held with community members, public comments on ways to improve sought, especially senior leadership, 1059; current leaders taking action to increase opportunities for minorities and women, official says, House hearing, 1181
      – Federal Air Marshal Serv.
      – FPS
      – Intelligence Reform and Terrorism Protection Act, significant progress made in eliminating backlog and timeliness but more work needed, report, 1057
      – Pandemic flu, White House should direct agency to report on progress in developing plans, GAO report, 730
      – Professional services, contracts valued at more than $1M will be reviewed to ensure no performance of inherently government functions, 700
      – Protective masks, giving supervisors right to decide whether airport screeners and customs officers can wear for H1N1 virus, House panel critical, threatens legislation if no change, 601; TSA Authorization Act, see LEGISLATION, FEDERAL, HR 2200
      – TSA
      – USCIS
    HOMOSEXUALITY
    HOSPITALS
      – Bureau of Medicine Naval Hosp., protest challenging evaluation of agency tender that Navy improperly conducted discussions after rating hospital proposal upheld (GAO), 861
      – Cal., 25M respirators released to health care facilities in response to delays in H1N1 vaccine availability, 1253
      – Case Notes, 687
      – Ill., Cook Cty., doctor fired for death threats against co-workers had no claim where hospital sincerely believed in threat of harm (7th Cir.), 838
      – Ind., Richmond State Hosp., state workers required to work 40 hour workweeks when others had 37.5 workweeks at same pay get damages (Ind. Cir. Ct.), 895
      – Jeanes Hosp., hospital failed to rebut age bias claim of 61 year old nurse fired and replaced by 30 year old with problems (3d Cir.), 530
      – La., Lane Mem. Hosp., African Am. orthopedic surgeon failed to show race bias in suspension for misconduct (5th Cir.), 679
      – Minn., Hennepin Cty. Med. Ctr., no FMLA violation in firing janitor on medical leave for failure to call in absences or provide medical documentation (8th Cir.), 43
      – Nat'l Inst. of Dental and Craniofacial Research, researcher has no national origin bias claim where remedies not exhausted and remark not made by decisionmaker (4th Cir.), 174
      – Nurse Protection Act
        See LEGISLATION, FEDERAL, S 1788
      – Penn. State Hershey Med. Ctr., group of doctors may recover back to Jan., 2004 for paychecks reflecting earlier gender bias (M.D. Pa.), 1263
      – Same-sex domestic partners, Foreign Serv. must let partners use medical facilities at posts abroad, 727
      – Univ. of Cal., Cal. Nurses wage reopener ratified, 166
      – VA
      – Va., Wythe Cty. Cmty. Hosp., early retirees should have been provided with COBRA notice even though retirement package had other health benefits (W.D. Va.), 47
      – W. Va. Univ., W.Va. medical resident failed to show disability bias in firing after probation for sexual harassment complaints, no retaliation for rejecting second chance (4th Cir.), 743
    HOSTILE ENVIRONMENT
    HOURS OF WORK
    HOUSING AND URBAN DEVELOPMENT (HUD)
      – Race bias, black senior executive not recommended for monetary bonus has no claim where no adverse action (D.C. Cir.), 408
    HUD
    HUMAN CAPITAL MANAGEMENT
      – Acquisition workforce human capital succession, NDAA requires focus on recruitment, retention, and development of contracting officers and managers, OFPP memo, 96
      – Agencies and departments
        See specific agencies and departments
      – Air Marshal Serv., input from staff sought, recommendations acted on but improvements to survey needed due to low response rate, GAO report, 217
      – DOD
      – EEOC, staff demoralized by inadequate staffing and overwhelming workloads, AFGE survey, 370
      – Employee satisfaction, agencies improve scores,NRC and GAO top-ranked, survey, 611
      – Federal Human Capital Survey, OPM Report, 2008, 33
      – FPS, lack of long-term strategic plan continues to hamper performance of mission as workforce increases, GAO report, 919
      – GS System, federal managers need more tools to allow recruiting, hiring, and rewarding top workers and spur underperformers, 1276
      – Internships, few students employed by U.S. in 2009 will be hired full-time after graduation, report, 429
      – IRS, significant issues in years ahead as more eligible to retire and fewer replaced, Treasury Dep't IG report, 1020
      – Labor-management cooperation, AFGE partnerships between federal agencies and worker unions without bells and whistles of 1990s, 159
      – Merit Principles Survey, review shows improvement in adherence to principles but further improvement needed, MSPB report, 9
      – Older workers, GAO report urges federal government to become model employer as one-third of full-time workforce approaches eligibility for retirement, 242
      – Performance-based pay
      – Poor economy, federal government hiring, excellent match for young job seekers, report, 61
      – Public schools, governors should take interconnected approaches to recruiting, training, and retaining high quality workforce, report, 587
      – Retirement
      – SSA, understaffing at field offices has negative effect on customer service, must develop plan for managing increased workload as baby boomers retire, GAO report, 188
      – Teachers, new model other than finding new recruits to replace retirees must be developed, more than 1/3 of veterans may retire in next year, report, 432
      – TSA, attrition rates declining but documentation of reasons needed, GAO report, 1217
      – VA, rehabilitation and jobs program improved by collaborations and more staff but strategic approach would benefit, GAO report, 160
      – Veterinarian shortage, safety and health safeguards inadequate, workforce assessments lacking, GAO report, 243; potential for public safety crisis, Senate panel told, 278
    HURRICANES

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