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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
RACIAL DISCRIMINATION
– Adverse action, white Ind. chief deputy coroner proved bias caused relieving of duties and firing (EEOC), 1112
– Affirmative action – CAA, counseling and mediation are jurisdictional requirements, officers need not appear in person, and written notice triggers limitations period (D.C. Cir.), 925 – Cal., notice of appeal filed after reconsideration motion denied untimely, limitations period not tolled by defective motion (Cal. Ct. App.), 909 – Case Notes, 478; 954; 1234; 1234 – 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 – Compensatory damages, award to white Pa. police officers harassed for protesting bias limited by cap on noneconomic damages (E.D. Pa.), 903 – Copyright infringement, Ind. classroom assistant failed to show words copied, bias rights relinquished in accord (7th Cir.), In Brief, 628 – Cost-cutting, firefighter who left paramedic program did not prove reentry refusal during difficult budgetary period was pretext (7th Cir.), 473 – Criminal records, EEOC reviewing data from public meeting on use in making employment decisions, Outlook, 179; EEOC continuing to examine need for more guidance, Ishimaru says, 480 – Cultural sensitivity and understanding cultural norms, white female Chicago Parks worker could not show black supervisor animus influenced white official who fired (N.D. Ill.), 1109 – Discipline
– – Disparate impact, African Am. parks worker could not show workers outside his protected class treated more favorably (5th Cir.), 953
– – Overtime, assignments, demotions, and promotions, African Am. officers get damages in accord with Minneapolis Police Dep't for systemic bias (D. Minn.), 496
– – Promotions, Ohio, firefighters who got jury award for denials based on age and race will seek promotions and testing changes (N.D. Ohio), 67
– – Reassignment, 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
See DIVERSITY
– Evidence, public records exception to hearsay rule claim denied on appeal in local government worker's suit (Ky. Ct. App.), 255 – Exhaustion, trial court must determine whether federal worker who complained to EEO officer intend to start process (9th Cir.), 898 – Fair Pay Act – Free speech, white police officer distributing news release charging department was racist and chief was corrupt engaged in protected speech (6th Cir.), 501 – Frivolous claims, liability of Ohio county workers for penalties for appealing claim denial must be determined individually (6th Cir.), 170 – Grievance process, seasonal tennis instructor may not use pact procedure for rehire refusal where job probationary (7th Cir.), 529 – Harassment – Hiring
– – Disparate impact, Chicago firefighter applicants may not sue where EEOC charge not filed within 300 days of ineligibility notice (U.S., briefs sought), 631; when charge-filing period starts to be considered (rev grant), 1140
– – Disparate treatment, N.Y. mayor must testify in suit for bias against Hispanic and black applicants for entry-level jobs, Sotomayor testimony suggests relevant knowledge (E.D.N.Y.), 920 – – Job-related, admission test for N.Y.C. firefighter academy has disparate, adverse impact on black and Hispanic applicants (E.D.N.Y.), 951 – – Protected activity, fired N.Y. officer may pursue claim for rejected sanitation department application for participation in prior class suit by Latino officers (E.D.N.Y.), 1040 – – Reordering list of candidates, no bias where not done by race, within scope of 1973 consent decree (1st Cir.), 470 – – Retaliation, program coordinator whose lost funding after duties automated has no claim, no protected activity and no qualifications not superior (11th Cir.), 650 – – Va., city will not use national test to screen firefighter applicants after disparate impact found, DOJ accord (E.D. Va.), 375
– – Retaliation, civilian Army police officer failed to present sufficient evidence or rebut legitimate reason for firing (3d Cir.), 771
– – Severe or pervasivwe enough conduct, La. special education teacher failed to show evidence but firing for misplacing beeper may be pretext (5th Cir.), 565 – Interracial relationship
– – Animus, black principal fired for letting white students participate in track program has no claim where directed at students (5th Cir.), In Brief, 1165
– – N.Y. treatment assistant fired after dating black male supervisor may pursue claim (N.D.N.Y.), 567; white assistant gets damages for hostile environment and firing, 1221 – Juries, Muslim teacher did not show error in allowing black jurors to be eliminated in national origin and race bias claims (2d Cir.), In Brief, 1268 – Jurisdiction, AFSCME organizer may pursue D.C. law claim for transfer for filing grievance where union based in D.C. (D.C.), 1138 – Misconduct, Bahamian Fla. corrections worker failed to show bias in firing for threats against supervisor, hearsay exception inapplicable (11th Cir.), 562 – National origin – N.Y.C., Latino Officers Ass'n fails to show NYPD contempt of court-approved settlement (2d Cir.), 313 – Ohio, Dayton, DOJ settles suit against city for racial bias in hiring police and firefighters (S.D. Ohio), 281 – Overtime, all Pa. state troopers may pursue class claims for restrictions affecting only barrack subject to race bias consent decree (E.D. Pa.), 1228 – Personal liability, liability does not attach to individual employees as agents of employer (1st Cir.), 314 – Police officer failed to show evidence to support age or retaliation claims (7th Cir.), 250 – Pretext, no abuse of discretion in declining to instruct jury that it can infer bias against IRS worker if employer's story not believable (9th Cir.), 709 – Procedure, limitations period for pro se plaintiff who mistakenly requested dismissal as directed by trial judge equitably tolled (7th Cir.), 1102 – Promotions
– – Accretion of duties, workers who charged bias have no claim where promoted man not similarly situated (E.D. Va.), 594
– – Adverse action, FBI agent denied job in Rome office despite being highest rank candidate has claim (D.D.C.), 175 – – Affirmative action – – Constructive discharge, black Ill. housing worker who quit after being passed over may pursue claim (S.D. Mich.), 1262 – – Culture of bias, granting class certification erroneous, no policy or practice by Mich. Human Servs. Dep't that affects job opportunities of ethnic and minority men (Mich. Ct. App.), 817 – – Data retention, African Am. workers failed to show practices has disparate impact, policies limited availability of data (6th Cir.), 620 – – Discovery requests, Secret Service may not defend against class claims after recalcitrance in responding (D.D.C.), In Brief, 53 – – Disparate impact, Asian Am. police officers for N.Y./N.J. Port Auth. get damages based on seniority (S.D.N.Y.), 431 – – Disparate treatment, EEOC attorney denied ALJ job has no claim where OPM provided steps it took to comply with prior order (D.D.C.), 438 – – Evidence, white police officer has no claim for delay in being named sergeant where no proof race would have changed outcome (7th Cir.), 198 – – Failure to reclassify or promote, Ohio state worker failed to show racially motivation (6th Cir.), 20 – – Favoritism, Treasury Dep't special investigator denied 2 different jobs failed to connect employer actions with bias (D.C. Cir.), 836 – – Greater experience, rejected applicant who failed to rebut reasons for turning down application has no claim (11th Cir.), 231 – – Hearsay, claim for denial reinstated, white worker's application within public record exception and prior supervisor bias may have adversely affected record (6th Cir.), 528 – – Hostile environment and retaliation, black female Chicago Transp. Dep't supervisor failed to show similar or better qualifications than white man (7th Cir.), 899 – – Legitimate nonbiased reasons shown, Memphis utility worker has no claim where no proof of pretext (6th Cir.), 1135 – – Pretext, African Am. man has no claim for promotion denial where qualifications similar to woman selected (4th Cir.), 73 – – Qualifications, rejected auditor has no claim for choosing younger black man instead of older black woman, experience not only factor (3d Cir.), 678 – – Reassignment of duties, Ala. city worker failed to produce evidence of pretext where worker assigned duties after failure to perform and qualifications as reason for denying supervisory jobs (11th Cir.), 472 – – Reprimand and performance evaluation, African Am. campus police officer failed to show reasons for denial were pretext (11th Cir.), 1038 – – Retaliation
– – – Harassment, Army engineer passed over for more than 15 years failed to prove, pattern or practice of bias must be classwide (6th Cir.), 646
– – – Prior suit, Chicago worker reassigned after back injury has no claim where interviewers unaware of prior suits or complaints (7th Cir.), 927 – – Temporary, Md. procurement manager's claims properly dismissed, untimely and evidence insufficient (4th Cir.), 173 – – Training, Chicago carpenter may not pursue claim for denying chances that would better qualify where not filed within 300 days of denial (7th Cir.), 136 – Reassignment, Mich. school counselor moved to computer teacher has no claim, comments not direct evidence (E.D. Mich.), 48 – References, SBA accord does not bar breach claims for failure to refer requests to human resources (D.D.C.), 1194 – Reprimand, BOP psychiatrist who failed to consult EEO counselor after warning for violating policies did not exhaust administrative remedies (5th Cir.), 680 – Res judicata, not addressing whether N.J. courts would give preclusive effect to Ed. Dep't dismissal of claims of nonrenewed provisional teacher was error (3d Cir.), 1136 – Retaliation
– – Derogatory names, Cal. agency ordered not to interfere with EEOC investigation of peace officers' complaints (E.D. Cal.), 766
– – Firing, pay cuts, exclusion from managers' meetings, and reduced duties support prima facie case, jury must decide pretext (E.D. Cal.), 595 – – Free speech, Iranian-born Voice of Am. translator may pursue claim for firing based on animus and for releasing music video critical of Iraq war (D.D.C.), 1137 – – Hardship transfer for another worker did not breach accord with EEOC Seattle field office worker (EEOC), 1079 – – Misconduct and disregarding order, Tenn. police officer produced enough evidence that reasons for firing were pretext, filing 90 days after right-to-sue letter timely (6th Cir.), 622 – – Permanent assignment, VA nurse failed to show delay was for prior EEO charges (3d Cir.), 1286 – – Permanent job or extension, African Am. Muslim laundry worker has claim for denial after charge filed (3d Cir.), 378 – – Pretext, former Ga. officer has no hostile environment claim where acts time-barred, no proof of race bias or retaliation (11th Cir.), 742 – – Standard of proof, N.Y. worker may pursue claim where improperly required to show actions significantly disadvantages, but evidence of bias insufficient (2d Cir.), 813 – – Tex. state worker fired after complaining about bias against agency workers gets damages (Tex. Dist. Ct.), 192 – – Threatening supervisor and taking bribes from subcontractor, Miss. Transp. Dep't worker failed to present enough evidence to outweigh firing for numerous disciplinary infractions (5th Cir.), 954 – – Unacceptable conduct, award to LA city attorney improper, failed to show city evidence was pretext (U.S., rev den), 782 – Reverse bias – Security clearances, civilian army worker may pursue claim for supervisors failed to submit renewal application (D.D.C.), 1039 – Selling marijuana and tobacco to inmates, fired prison kitchen supervisor has no claim where based on voice stress analysis tests (8th Cir.), 710 – Sick leave, N.Y. police detective may pursue claims for disparate impact in home confinement but estoppel bars §1983 claim addressed in state proceeding (E.D.N.Y.), 108 – Slurs and other offensive behavior, Fla. city parks and recreation worker gets damages for failure to correct co-worker use, DOJ accord approved (M.D. Fla.), 1126 – Suspension, African Am. orthopedic surgeon failed to show sanctions not for misconduct (5th Cir.), 679 – Tenure, assistant professor established prima facie case of bias in denial but unable to rebut school's explanation (10th Cir.), 349 – Transfer, black firefighter failed to show bias in firing for arrest or reassignment for outbursts and driving accidents (E.D. Pa.), 413 – 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 – USDA, House panel and GAO urge vast improvement, official announces plans to implement GAO report recommendations, 518
– Advance sick leave Filipina DOD worker has no claim for supervisor delay in approval, no evidence similarly situated co-workers treated differently, harassment not severe or pervasive enough (6th Cir.), 841
– Demotion, VA nurse did not provide enough evidence of bias to bring hostile environment or retaliation claims to jury (7th Cir.), 1037
– Broadcast
– Mass transit
See MASS TRANSIT
– Building management
– ADA, Fla. records technician has no claim for firing for working unauthorized overtime but may have FLSA claim (11th Cir.), 591
– Case Notes, 687 – Certification exam, no bias in refusal to exempt dyslexic teacher from aspects of test, allowing oral answers sufficient (2d Cir.), 771 – Cognitive disability after workplace brain injury, Cal city parks director may pursue claim for failure to engage in interactive process but firing for performance not pretext for bias (N.D. Cal.), 1005 – Demotion, school bus driver may pursue claim where bladder condition made him unable to comply with drug testing procedures (M.D. Tenn.), 906 – Disability bias, state laws – Excusable neglect, Pa. police worker with fibromyalgia who abandoned ADA claim for failure may not revive 7 years later (3d Cir.), 651 – Exhaustion, teacher denied accommodation for developed degenerative nervous system condition may pursue unexhausted claims where reasonably within scope of initial denied claim (6th Cir.), 1105 – Field assignment, claim of diabetic metallurgist for extended out-of-town project reinstated (9th Cir.), 249 – Floor coverings, allowing disabled fiscal officer to bring service animal to work does not mean Mont. agency fulfilled duty (Mont.), 844 – Interactive process, injured Kan. police officer has no claim for reassignment denial where no evidence of available jobs when transfer requested (10th Cir.), 841 – Job functions, physician's assistant has no claim where health problems precluded doing job, safety and security concerns made emergency response training essential (10th Cir.), 1131 – Non-sedentary jobs, Fla. pre-K teacher's aide may pursue claim for refusal, issue of fact about qualifications (11th Cir.), 74 – Part-time work, BOP psychiatrist who failed to consult EEO counselor after denial did not exhaust administrative remedies (5th Cir.), 680 – Physical limitations, air traffic control specialist denied reinstatement after conditional return to work was qualified individual with disability (EEOC), 878 – Program or activity receiving federal financial assistance, Or. public legal assistant had no Rehabilitation Act claim (9th Cir.), 1156 – Religious practices – Transfer to classroom with natural light, Wis. teacher with seasonal affective disorder may pursue ADA claim for request denial (7th Cir.), 1225 – Voice activated computer programming and touchscreen laptop, veteran who worked for Army after IED explosion gets damages for harassment and constructive discharge (E.D. Mich.), 1249
See WORK ASSIGNMENTS
– Dues authorization, Ill. deputy sheriffs may be represented by union after getting workers to sign authorization cards or petitions (Ill.), 22
– Employee Free Choice Act, AFGE legislative agenda includes, officials say, 159; bills, see LEGISLATION, FEDERAL, HR 1409, S 560 – Public sector, use of majority sign up, or card check, to join union did not lead to intimidation, AFL-CIO report, 644
– Age bias, EEOC charges N.C. city with failure to preserve scoring sheets and interview notes in age bias suit (M.D.N.C.), 923
– Case Notes, 935 – Changing union pay without bargaining over taxes, decision by state labor board implementing mandatory reporting and withholding upheld (Mass. App. Ct.), 506 – FOIA, Ill. school superintendent's contract not exempt from disclosure, falls within limitation of private data exemption (Ill.), 714 – Injury and illness logs, OSHA rule change to allow collection on recurring annual basis nearing finalization, 800 – Medical records
See MEDICAL RECORDS
– Retaliation, HHS custodian fired for failure to improve accuracy of accountability records, not for prior EEO charge or union activity (8th Cir.), 351 – SHARE initiative, Fed. Advisory Council meeting to discuss injury and illness rates set, will discuss FY2009 performance status of executive branch agencies in meeting goals, 698
See HIRING
– Ala., state Personnel Bd. rule change allows temporary RIFs to provide alternative to permanently abolishing jobs for budget shortages, 130
– BRAC – Furloughs
See FURLOUGHS
– Jurisdiction, Washington Teachers' Union and AFSCME Local 2921, grievances must be filed with appeals office, not trial court (D.C.), 24 – Layoffs
See LAYOFFS
– New York
– – N.Y.C., preliminary budget calls for cutting municipal workforce, Bloomberg says, 191; pacts with municipal unions announced, provides needed budgetary relief with minimal benefits disruption, 191
– – State workforce cuts announced after unions reject concessions, 372; pacts attained with largest unions to avert need for layoffs, 701 – PTO – Retaliation, complaints about supervisor's affair and related favoritism not protected (10th Cir.), In Brief, 1042
– Ed. Note: This heading includes federal contractors and employees. For federal and combined federal and state law claims, see AMERICANS WITH DISABILITIES ACT. For cases involving state law claims only, see DISABLED EMPLOYEES.
– Absences without leave, firing postal worker injured on job for frequent absences without medical documentation not pretext (3d Cir.), 902 – ADA – 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 – Breach, USPS worker has no claim for requiring repaying voluntary withdrawal from retirement account, improperly calculating benefits, and adjusting annual leave after accord (7th Cir.), 70 – Excusable neglect, Pa. police worker with fibromyalgia who abandoned claim for failure to accommodate may not revive 7 years later (3d Cir.), 651 – Exhaustion
– – Postal worker who failed to file EEOC charge for firing after violating conditions of reinstatement after hitting supervisor has no claim (7th Cir.), 436
– – Trial court must determine whether federal worker who complained to EEO officer intend to start process (9th Cir.), 898 – FERS, USDA worker's Rehabilitation Act claims precluded by receipt of disability retirement benefits (D.D.C.), 1160 – Harassment and accommodation denial led to constructive discharge, veteran who served as civilian after IED explosion gets damages (E.D. Mich.), 1249 – Hiring, denying applicant medical clearance and waiver improper (EEOC), 444 – Immunity, Pa. probation officer may pursue claim for firing after hospitalization for diabetes where one subunit took federal funds (3d Cir.), 103 – Limitations period, 90 day period after EEOC adverse decision tolled for timely reconsideration motion (4th Cir.), 589 – Limited duty status, postal worker failed to show disability has no claim for rejection for general clerk job during rehabilitation status job (3d Cir.), 381 – Prima facie case, improper standard for evaluating used to dismiss claim, VA's nondiscriminatory reasons requires fuller analysis of evidence (10th Cir.), 104 – Program or activity receiving federal financial assistance, Or. public legal assistant had no claim for accommodation denial (9th Cir.), 1156 – Reasonable accommodation – Retirement, no jurisdiction to hear claim by federal worker where mixed case even if bias claim dismissed (Fed. Cir.), 1037 – Sick leave, Ohio police department requirement for doctors' notes unlawful and no business necessity, injunction granted (S.D. Ohio), 904 – Similarly situated, postal worker fired for excessive absenteeism failed to show pretext, other workers disciplined for attendance not previously fired (9th Cir.), 742 – Sovereign immunity, applicant for police officer job not certified for color perception failed to prove certifying agency considered disabled (E.D. Pa.), 383 – Substantial limit on major life activity, USPS mechanic unable to lift did not show otherwise qualified or adverse action (11th Cir.), 769 – Worldwide available, Foreign Serv. applicant improperly denied job where regarded as chronically impaired after previous mental conditions (EEOC), 1235
See HIRING
– Arbitration award reinstating state trooper with ties to Ku Klux Klan not enforceable due to public policy against race bias (Neb.), 294; (U.S., rev den), 781
– Family Leave Insurance Act – NYC Sanitation Dep't violates civil service law by not reinstating worker fired after arrest but later acquitted (N.Y. Sup. Ct.), 258 – Pensions and other benefits, Conn. police officer who retired to work for State Dep't contractor in Iraq not entitled to reinstatement after accepting (Conn.), 597 – Rehiring
See HIRING
See WAIVERS
– Beards, D.C. firefighter safety rule overturned (D.C. Cir.), 315
– Cat's paw theory, female Muslim Palestinian Iowa college professor failed to show bias tainted lower level of review (8th Cir.), 738 – Disparate treatment, Rastafarian Md. corrections officer failed to prove firing not for performance and preferential treatment of subordinate (4th Cir.), 930 – Dress code, N.Y.C. bus operator whose religion barred wearing slacks may pursue claim for not allowing her to wear skirts (S.D.N.Y.), 874 – Free exercise, university workers who said prayers and rubbed oil on co-worker cubicle have no claim for speech but ritual may be protected by 1st Amend. (N.D. Tex.), 440 – Free speech, physician may pursue constitutional and Ariz. claims against county officials for trying to fire for supporting abortion training for medical students (D. Ariz.), 382 – Head scarf, Muslim Philadelphia police officer denied right to wear has no claim where accommodation would be undue hardship (3d Cir.), 498 – Hostile environment and retaliation, female VA doctors get damages based on mistreatment after prior charges (M.D. Fla.), 1261 – Hostile environment, Tex. park worker whose co-workers put dead rats in van after reporting supervisor child pornography has claim but no bias (S.D. Tex.), 873 – Or., bill requiring accommodation of religious practices signed, In Brief, 897 – Personal liability, liability does not attach to individual employees as agents of employer (1st Cir.), 314 – Retaliation, African Am. Muslim denied permanent laundry job or extension after filing charge has claim (3d Cir.), 378 – Uniform policy
– – Refusal to accommodate bus driver applicant, DOJ accord with D.C. Transit Auth. announced (D.D.C.), 165
– – Suspending and firing officer for wearing head scarf, DOJ charges N.J. Corrections Dep't violated Title VII (D.N.J.), 735
– D.C., firefighter no-beard safety rule overturned as violation (D.C. Cir.), 315
– Preemption, Sikh IRS agent has no claim for denying right to wear ceremonial sword to work, Title VII provides exclusive remedy (S.D. Tex.), 1074
– Transfer, D.C. school guidance counselor proved jury service was motivating factor but not only cause (D.D.C.), 1110
– Carpal tunnel
See RECORDKEEPING
– Legal
See specific unions
– – Elections for union representation
– Card checks
– Legal Servs. Corp., professional nonmanagerial oversight staff votes in favor of IFPTE representation, 1059 – N.H., fact that SEIU pact with Corrections Dep't not signed does not permit PBA to file petition to represent workers (N.H.), 204
– Claims preclusion, Va. state worker barred from bring bias claim where not raised in state proceeding for firing for sexual harassment (E.D. Va.), 978
– Due process, Conn. teacher required to meet medical conditions after administrative leave may not bring constitutional claim after unsuccessful state tort suit (2d Cir.), 811 – Race bias, not addressing whether N.J. courts would give preclusive effect to Ed. Dep't dismissal of claims of nonrenewed provisional teacher was error (3d Cir.), 1136 – Retirement benefits, Ala. county workers challenging law requiring rejoining state system may not bring due process claim after Ala. courts found law valid (11th Cir.), 499
See ARMED SERVICES
– Ohio, law banning political subdivisions from requiring employees to live within limits did not violate city home rule rights (Ohio), 776
See FOOD SERVICES
– Age and disability bias, water rights specialist failed to show adverse action for profane altercations with supervisor (D.C. Cir.), 42
– Age and race bias, police officer failed to show evidence to support claims (7th Cir.), 250 – Age bias – Case Notes, 26; 206; 1165 – Crawford ruling, scope of impact under Title VII uncertain, practitioners tell conference, 325 – Defenses, Ohio sheriff's office forfeited claim that complaint inadequate by failure to raise until after jury verdict (6th Cir.), 563 – Disability bias – Due process, professor who filmed classes and refused to explain sabbatical due to perceived vendetta failed to prove claims (8th Cir.), In Brief, 442 – Evidence, public records exception to hearsay rule claim denied on appeal in local government worker's suit (Ky. Ct. App.), 255 – Federal Work Force, EEOC annual report, FY2008, 1055 – 1st Amend.
– – N.Y. election commissioner properly fired for holding another public office in violation of state law (2d Cir.), In Brief, 847
– – Overtime, jury reasonably found that Boston police officer fired for filing suit against city and reporting co-worker fraud (1st Cir.), In Brief, 935 – Overtime, Fla. records technician fired for working unauthorized overtime has no ADA claim but may have 1st Amend. claim for complaints (11th Cir.), 591 – Political activities, support of opposing candidate not shown cause for firing of city worker (7th Cir.), 291 – Prior EEO charge and union activity, HHS custodian fired for inaccurate recordkeeping where critical for functioning (8th Cir.), 351 – Race and religious bias, African Am. Muslim denied permanent laundry job or extension after filing charge has claim (3d Cir.), 378 – Race bias – Safety violations, N.Y. firefighters harassed and fired after anonymous reports may pursue claims (N.D.N.Y.), 1193 – Sex bias
– – Favoring homosexuals in firing and promotions, information specialist has no claim against supervisor not involved in investigation (9th Cir.), 226
– – Perceived homosexuality, Cal. police officer denied promotions gets damages for retaliation and failure to prevent bias (Cal. Super. Ct.), 402 – ULPs, probationary Cal. teacher denied tenure in retaliation for union activity must pursue educational employment relations claim, not grievance (Cal. Ct. App.), In Brief, 357 – Whistleblower protection
See WHISTLEBLOWERS
– Age bias, Or. city workers may not challenge benefits end but retirees may get discovery to challenge policy change (9th Cir.), 621
– Cal. Hwy. Patrol, union agrees to amend pact, redirect pay hikes to prefund benefits, 1023 – ERISA, Pa. redevelopment authority plan exempt, no jurisdiction over claim for revoking plan (3d Cir.), 898 – Federal employees – Idaho, proposed law would end state health plan coverage at age 65, 247; signed, premiums for retirees under 65 hiked, 465 – Postal Service Retiree Health Benefits Fund
See also specific states or types of public employees
– – 403(b) plans
See 403(b) PLANS
– – Typical benefits offered to retirees and plans to fund, new online tool announced, 645
– Benefits, state and local
See also specific states
– – Private sector comparison, BLS report, 285 – – Recent economic downturn causing delay, retaining specialized older workers helpful, survey, 616 – – Typical benefits offered to retirees and plans to fund, new online tool announced, 645 – Early
See EARLY RETIREMENT
See 403(b) PLANS
– Mandatory – Pensions
See PENSIONS
– Race bias, damages award to S.C. prison warden not rehired for refusal to lie about security and training director upheld (4th Cir.), 929
– Race bias
– – Adverse action, white Ind. chief deputy coroner proved bias caused relieving of duties and firing (EEOC), 1112
– – Affirmative action, white public school denied promotion may pursue claim for policies that favor black applicants (8th Cir.), 1068 – – Citizen relations, 45 white Mich. police officers may pursue claim where officers selected for new bureau based on race (E.D. Mich.), 713 – – Harassment by supervisor and promotion denial, N.Y.C. motor vehicle operator produced enough evidence to raise triable claims (2d Cir.), 1130 – – Preferential hiring, Seattle firefighter may pursue claim under state law banning (Wash. Ct. App.), 256 – – Promotions
– – – Firefighter exams, New Haven civil service board refusal to certify results was race-neutral (U.S., rev grant), 82; case among labor and employment cases under active consideration, 146; decision will have important consequences for public and private employers, management lawyer says, 479; refusal to certify promotional exam results for fear of suit by black candidates violates equal protection, 507; discarding results of promotional exams favoring white and Hispanic test takers was intentional race bias (rev), 819; employers need to be careful about selecting workers for RIFs, promotions, and other large scale actions, hiring experts recommended, 880; decision teaches us not to make decisions based on race or to avoid lawsuits, Analysis, 1170; black firefighter charges weighting of oral and written parts of promotion exam has disparate impact on African Americans (D. Conn.), 1220
– – – Liability, evidence insufficient to show bias where city let eligibility lists to expire to avoid promoting more white firefighter (N.Y. App. Div.), 746 – – Remark about watermelon to black group, white Atlanta transit police officer has no claim for firing where many prior disciplinary write-ups (11th Cir.), 1073
– Furloughs, plan for 12 unpaid shutdown days for state workers announced, AFSCME will seek restraining order to bar, 996; pact attained with unions to avoid layoffs and planned government shutdown days, 1025
– Providence
– – Concessions, mayor urges city worker unions to approve to cover budget gap, 556
– – Pensions, retirement system may revoke benefits for criminal activity even if no conviction (R.I. Super. Ct.), 1195
See generally specific agencies and department
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