Government Employee Relations Report Index-Summary

JAILS

JANITORS

JOB CREATION

– Tax credit, proposal would help create 5M jobs over 2 years, EPI briefing paper, 1256

JONES ACT

– Personal injuries and lost wages, N.Y.C. police officer has no claim against city where city did not own tugboat in distress (2d Cir.), 710

JUDGES

– Cal., Sonoma Cty. not shielded from liability from court commissioner's age bias claim (Cal. Ct. App.), 49
– Federal, Chief Justice calls for COLAs as caseload increases, report, 34
– Federal, Chief Justice calls for reversing inaction, report, 34
– Merit principles, union representing Cal. state attorneys, ALJs, and hearing officers failed to prove failure of statutory bargaining process unconstitutional (Cal. Ct. App.), 777
– Privacy, Wash. municipal judge being investigated for hostile environment failed to prove report was not subject to disclosure (Wash.), 1111
– Race and sex bias, EEOC attorney denied ALJ job has no claim where steps to comply with prior order provided (D.D.C.), 438

JURIES

– Adverse action, sex bias and retaliation damages award to retired female N.Y. detectives upheld, jury instruction clearly defined needed proof (E.D.N.Y.), 624
– Age bias, 1991 CRA provision superseding direct evidence requirement does not apply to ADEA 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
– Pregnancy bias, Cal. city gets new trial in claims by fired probationary bus driver where jury misinstructed on mixed motive (Cal. Ct. App.), 1293
– Race bias

– – Employer story not believable, no abuse of discretion in declining to instruct jury that it can infer bias against IRS worker (9th Cir.), 709
– – Peremptory strikes, Muslim teacher did not show error in allowing 2 black jurors to be eliminated in national origin and race bias claims (2d Cir.), In Brief, 1268

JURISDICTION

– Disability bias, denying Senate Sergeant at Arms' motion to dismiss ADA claim not reviewable where merits and timeliness of request tightly meshed (Fed. Cir.), 17
– Duties, Navy statistician fired in first year of permanent job may ask for MSPB review based on prior work in temporary job (Fed. Cir.), 1039
– Final order, MSPB remand of veterans' preference to field office may not be reviewed until adjudication of whether applicant improperly denied SSA job (Fed. Cir.), 947; preference-eligible may pursue claim that SSA used internship program to deny him other jobs (MSPB), 1010
– Mandatory retirement, MSPB has no authority to make award to air traffic controller (Fed. Cir.), 172
– Retaliation, VA nursing assistant who got damages after statement about patient abuse and sexual harassment may seek de novo review of damages award (5th Cir.), 1006
– RIFs, union must file grievances with D.C. appeals office before suits (D.C.), 24
– Subject matter, district court may hear claim for mental incompetence when executing age bias waiver but sovereign immunity bars other claims (10th Cir.), 591
– Tex., failure to tell police officer of limit on rights in appeal did not deprive hearing officer of authority (Tex.), 843

JURISDICTIONAL DISPUTES

– System specialists, excluding from APWU bargaining unit violated pact, but enforceability of arbitrator's order in dispute after union disclaims (D.C. Cir.), 103

JUSTICE DEPARTMENT (DOJ)

– Appointments and personnel changes, Perez to be named Asst. Atty. Gen., Civil Rights, In Brief, 337; judiciary panel votes approves, 706; Perez confirmed, 1155
– ARRA, funds awarded 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
– Bureau of Prisons

See PRISONS BUREAU (BOP)

– Case Notes, 954
– Civil Rts. Div.

– – FY2010 budget, President's proposal calls for increase, 552; bill, see LEGISLATION, FEDERAL, HR 2847
– – Hiring senior counselor to Atty. Gen. improperly used political considerations, IG reports, 59

– FBI

See FEDERAL BUREAU OF INVESTIGATION (FBI)

– Political affiliation bias, applicants may pursue privacy claims for officials printing out data from internet to determine (D.D.C.), 1106
– Public Safety Officers' Benefits Programs, final rule clarifying parameters for death, disability, and educational benefits issued, 11
– Religious bias, accord with D.C. Transit Auth. for refusal to accommodate practices of bus driver applicant announced (D.D.C.), 165
– Sex bias, P.R. police department to pay damages for requiring female and not male officers to do secretarial duties (D.P.R.), 193
– USERRA

– – Discipline, suit claiming firefighter suspended and put on probation after active Nat'l Guard duty filed (D. Kan.), 38
– – Nev., state charged with denying chief deputy controller reinstatement after return from active duty, continues high priority on enforcement (D. Nev.), 763
– – N.D., Grand Forks Cty., juvenile detention officer denied promotions due to membership gets damages, DOJ accord (D. N.D.), 522
– – Reinstatement, suit charging Ala. Mental Health Dep't with refusal to restore medical assistant after return from Iraq filed (M.D. Ala.), 38

JUVENILE FACILITIES

See CORRECTIONAL FACILITIES