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Vol. 27, Nos. 1-41, pp. 1-1148 Jan. 12- Oct. 26, 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
Background checks, EEOC weighs guidance on use of criminal records, credit histories in employment decisions, 413
Comparator need not be completely identical, fired railroad engineer showed race bias, but not Title VII, FMLA retaliation (5th Cir.), 745 EEO, women and minorities remain underrepresented, legal issues from job segregation discussed, Conference Report, 388 Fair Pay Act
Gerber Prods., $900K, entry-level jobs settle OFCCP charges, 907
Wal-Mart, black applicants settle class action hiring suit for $17.5M (E.D. Ark.), 205 Insubordination lawful basis for firing, pretext, cat's paw influence on decisionmaker not shown (6th Cir.), 45 Mandatory arbitration clause, deposit fee upheld (6th Cir.), 579 Misuse of shipping account, fired black cell phone salesman alleges comparator evidence suggesting pretext, claim advances (N.D. Ill.), 688 Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (U.S., rev den), 682 Pattern and practice
EEOC authorized to investigate independent of resolution by parties, subpoena enforceable (7th Cir.), 102
Kodak, $21.4M settles consolidated class actions, preliminarily approved, 795 Promotions
Applicant repeatedly denied permanent job at chemical firm fails to show pretext (5th Cir.), 17
Equal protection, reverse bias, firefighters' test results rejected, too few minorities passed (U.S., rev grant), 36; implications for private employers, Analysis, 397; (oral arg) Special Report, 446; discarding test results without strong basis in evidence that minority candidates could prevail on disparate impact claim was reverse bias (rvs), 705; attorneys discuss impact of Ricci holding on day-to-day employer practices, Conference Report, 835; effect of Ricci on federal contractors discussed, forum, 1032 Mixed-motive, summary judgment properly granted to claimant denied manager job (U.S., rev den), 542 Training opportunities denied, failure to timely file charges dooms city worker's claim (7th Cir.), 72
County nurse who resigned due to driving anxiety after car accident lacks ADA, bias claims (7th Cir.), 427
Discipline, training, hostile environment, Baltimore city, police department pay $4.5M to settle officers' claims (D. Md.), 739 Investigation, claimant fired after complaint of co-worker remarks was protected, factual disputes send claim to jury (M.D. Fla.), 719 Jury instructions require only essential elements of proof, refusal to instruct on pretext not reversible error (9th Cir.), 606 Los Angeles city attorney's $1.5M retaliation award overturned where city's evidence plausible, pretext claim unsupported (U.S., rev den), 682 Mandatory arbitration, unconscionability under state law, court not arbitrator to decide (9th Cir.), 1001 Nurse aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 234 Performance problems, fired Asian-American chemicals worker failed to show pretext, retaliation (6th Cir.), 1025 Promotions, parent firm's corporate support of franchisee does not make them single employer for purposes of Title VII liability, claims viable against franchisee only (S.D. Miss.), 661 Supermarket butcher who tied adverse actions to EEOC charges despite 6-year gap may proceed with state, federal claims (E.D. Pa.), 46
Disparate impact, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041
Retaliation, EEOC right to investigate reserved to itself, subpoena enforceable despite issuance of right-to-sue letter (E.D. Pa.), 157 U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087 White faculty fired, historically black college settles EEOC claims for $165K (D.S.C.), 402
Affirmative defense
Nooses, environment hostile proved, but prompt remedial action makes firm not liable (7th Cir.), 914
Severe or pervasive, EEOC claim revived for jury decision (4th Cir.), 828 Hostile environment, emotional distress shown, retail workers entitled to nominal damages only (6th Cir.), 297 Retaliation
Garage mechanic subjected to slurs by supervisors may pursue claims, affirmative defense rejected (E.D.N.Y.), 522
Interracial couple fail to show racial animus in discipline, firing (5th Cir.), 401 Objection to anti-black slurs against co-workers, whites failed to show requisite harassment against themselves, claims rejected (6th Cir.), 213 Offensive conduct, $292,500 settles EEOC suit against Nordstrom on behalf of black, Hispanic employees (S.D. Fla.), 431 Prompt remedial action negates claims of black worker called Cornelius after movie ape (E.D. Mich.), 660
Hiring illegal workers to depress wages of legal workers
Mohawk Indus., denial of class certification overturned on appeal, remanded (11th Cir.), 571
SK Foods, class certified (E.D. Cal.), 581
BNSF Ry., drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 553; direct observation requirement reinstated, 821
CSX Transp., FELA, fear of cancer valid basis for damages where shown to be genuine and serious, $5M award overturned due to improper jury instruction (U.S., rvs), 598 Kansas City S. Ry., comparator need not be completely identical, fired engineer showed race bias, but not Title VII, FMLA retaliation (5th Cir.), 745 Norfolk S., reverse race bias, comparators not similarly situated, engineer fired for speeding has no claim (3d Cir.), 802
Archstone-Smith, SOX, bonus offer linked to confidentiality pledge was adverse action, executive's challenge untimely (10th Cir.), 635
Clear Title of Ark., FLSA, retaliation, pay and punitive damages claims allowed (E.D. Ark.), 1000 Current Development (CDC), ERISA, fiduciary breach, undervaluing real estate created windfall for trustee/participant at expense of other participants (7th Cir.), 272
Card check authorization
American Rights at Work (ARAW) maintains right to choose secret ballot election belongs to workers, not employers, under EFCA, 135
Employee Free Choice Act (EFCA)
ABA speakers debate need for reform, arbitration proposal, effect on bargaining discussed, 863
AFL-CIO convention, Specter (D-Pa) says compromise reached without card check recognition but Trumka says no deal yet, 989 Ariz., 2010 ballot initiative seeks preemption, 852 Bills Solis urges vigilance, passage, unions necessary to restore middle class, conferees told, 667 Secret Ballot Protection Act, GOP lawmakers plan to introduce bill requiring secret ballot NLRB elections, preempt EFCA, 205
401(k) plans, documentation of investment options, decisions can help avoid ERISA fiduciary breach litigation, report, 294
Ill. wage and hour, class settlement (N.D. Ill.), 1103 Injuries, OSHA national emphasis program
AARP reports older Hispanics could help fill jobs as workforce ages, recruitment and retention tips, challenges reviewed, 666
Hard-to-fill jobs, Manpower 2009 talent shortage survey, 639 Kennedy Information's 18th Recruiting 2009 Conf. & Expo, 229
ADEA pretext, FMLA interference (M.D. Fla.), 1137
AstraZeneca, job cuts planned through 2013, In Brief, 125 Challenger report, Dec. 2008, 10; Jan. 2009, 123; Feb., 235; March, 347; April, 490; May, 599; June, 712; July, 849; Aug., 934; Sept., 1046 Disparate impact, attorneys discuss impact of Ricci holding on employers planning RIFs, other large scale actions, Special Report, 835 First Natl. of Neb., ADA, unattainable production quota, failure to rehire employee with voice disorder suggest pretext, claim revived (8th Cir.), 296 GM, 152; 459 Knolls Atomic Power Labs. a/k/a KAPL, ADEA, RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543 Layoffs Philip Morris USA, N.C. plant closing, In Brief, 432 United Techs., job cuts, In Brief, 264
See also specific agencies
Agencies ordered to halt action on Bush-era rules, pending review, 65 Federal Register overhaul, accessibility, In Brief, 1079
Failure to promote, Moroccan Muslim sales representative fired after EEOC complaint, jury verdict upheld (9th Cir.), 997
1st Amend., workers fired for exorcism of demonically oppressed co-worker's cubicle may have free exercise claim, but not free speech (N.D. Tex), 370 Harassment claim revived where hostile environment claim was improperly treated as constructive discharge (8th Cir.), 856 Headscarf, accommodation hardship (3d Cir.), 408 Identity issues in work communications, engineer fired for legitimate business reasons, not bias (7th Cir.), 353 Missed work to attend convention, AT&T pays $1.3M to satisfy judgment favoring fired Jehovah's Witnesses (E.D. Ark.), 851 Muslim prayer breaks
Beliefs varied, accommodation requests lack commonality, class certification denied (D. Minn.), 689
Settlement approved in EEOC lawsuit against poultry processor (D. Minn.), 347 Nose ring worn for religious reasons violated food franchisor's policy, but EEOC accommodation claim will go to jury (M.D. Fla.), 436; EEOC firing claim rejected, relief denied, 876 Or. accommodation bill enacted, In Brief, 797 Prayer notes, harassment claim rejected, but gay worker's sex bias gender stereotyping claim revived (3d Cir.), 968 Preclusion, §1981, same facts, Title VII dismissal bars (3d Cir.), 1110 Rastafarian applicant who refused to cut dreadlocks for security guard job raised triable claim, but punitive damages unavailable (N.D. Ill.), 495
DOL guidance clarifies funding exemption for faith-based groups, In Brief, 12
No-beard policy for D.C. firefighters, EMTs violates law, safety argument rejected (D.C. Cir.), 269
H-2A and H-2B nonimmigrant workers, reimbursement, ETA withdraws Bush era interpretation, FLSA may require payment, 319
COBRA, W-2 form, IRS requires no new payment reporting, conference, 321
Financial/actuarial information, PBGC releases final rule amending, 289 New hire registry, independent contractor misclassification, consequences, Viewpoint, 865
NLRB data show 2008 elections, union win rates increased, BNA preliminary analysis, 500
Secret ballots
Business-backed group launches national campaign mandating, 79
Secret Ballot Protection Act, GOP lawmakers plan to introduce bill requiring secret ballot NLRB elections, preempt EFCA, 205
§1981, same facts, Title VII dismissal bars (3d Cir.), 1110
Hillsides, electronic monitoring, hidden camera in office was privacy intrusion, but employer had legitimate reasons, tort liability rejected (Cal.), 858
Hope Sch., FMLA, aide who altered medical certification form lost leave rights even though otherwise eligible (7th Cir.), 382
See FOOD SERVICES
Apparel
Camping World, sexual harassment, remedial steps proved more than reasonable, claimant showed no constructive discharge, adverse action (7th Cir.), 968 Circuit City
PBGC pension plan takeover announced, 570
U.S. operations, approval to liquidate sought (Bankr. E.D. Va.), In Brief, 68 Dillard's
Mandatory arbitration, electronic signature insufficient to prove pact formed, lax data security a factor (D. Kan.), 217
Same-sex harassment, constructive discharge, EEOC suit settled (M.D. Fla.), 625 Family Dollar
Overtime, FLSA executive exemption (U.S., rev den), 1076
Sexual harassment, retaliation, manager failed to show severe or pervasive bias, quid pro quo conditions (8th Cir.), 998 Fred's Stores of Ark., ADA, essential job functions impossible with or without accommodation and return date uncertain, manager properly fired (8th Cir.), 403 Home Depot
Layoffs, Expo store closures, In Brief, 98
Overtime, manager class action not certified (D. N.J.), 961 Same-sex harassment, brief touching, calls to male managers not hostile environment, but retaliatory firing claim proceeds (11th Cir.), 801 Sex bias
No self-service policy violated, no bias, employer's reasonable belief negates pretext (6th Cir.), 378
Pay scale gender-neutral, qualifications and experience justified wage differences (N.D. Ohio), 268 Nordstrom, race, national origin harassment, retaliation, $292,500 settles EEOC suit on behalf of black, Hispanic employees (S.D. Fla.), 431 Pot Luck Enters. d/b/a/ Ashley Furniture Homestores, failure to address complaints valid basis for same-sex harassment claim, but race bias, retaliation rejected (M.D. Tenn.), 660 QuikTrip
ERISA, no §510 violation where director fired after disparaging remarks at staff meeting (8th Cir.), 663
Overtime premiums due on performance-related bonuses, $747.7K settles FLSA violations, DOL probe, 823 Rent-A-Center West, race bias, mandatory arbitration, unconscionability under state law, court not arbitrator to decide (9th Cir.), 1001 Sears Roebuck, ADA, workers' comp leave policy, $6.2M settles EEOC accommodation suit (N.D. Ill.), 1046 Staples
Overtime, misclassified assistant store managers awarded $2.48M, FLSA class action (D.N.J.), 217
SOX claim fails for employee who opposed return policies, no fraud on shareholders (1st Cir.), 159 Wal-Mart
ADA
Regarded as disabled, standing major life activity, greeter accommodation (W.D. La.), 1110
Sex bias, registration as sex offender not a disability, claim time-barred (S.D. Tex.), 494 Health insurance reform, retailer, SEIU send Obama letter supporting employer mandates, 711 Hiring, 22,000 new jobs in 2009 planned, In Brief, 628 Labor law violations, foreign workers' suit alleging failure to monitor suppliers rejected, no contractual duty (9th Cir.), 776 Off-the-clock work Politics, FEC vote tied on whether to probe election-related express advocacy complaint against retailer, opts to close case, In Brief, 572 Race bias, black applicants rejected or deterred from applying due to word-of-mouth recruitment policy settle class suit for $17.5M (E.D. Ark.), 205 Sex bias
Pay and promotions, en banc review ordered on class certification (9th Cir.), 177; oral argument, attorneys clash over class certification, mini-trials (9th Cir., en banc), 332
Retaliation, front pay, punitive damages (Mass.), 1077 UFCW push for unionization revved up following Obama election, 501 Whistleblowing, optician retaliation claim advances (M.D. Tenn.), 216
ADA, city worker with hearing impairment fired after informal complaint, claims revived (7th Cir.), 856
ADEA At-will firing, advice to facilitate adoption violated hospital policy, HIPAA (Tenn. Ct. App.), 1114 ERISA, §510 pertains to formal inquiry or hearing, does not protect informal complaint, firing lawful (E.D. Pa.), 859 FLSA
Overtime demands, pay and punitive damages claims allowed (E.D. Ark.), 1000
Verbal complaints about time clock irregularities not protected activity (7th Cir.), 720 Wage/benefit form filed with state DOL, fired landscaper has viable claim (D. Vt.), 831 National origin bias Pregnancy bias, Title VII, EEOC claim proceeds (M.D.N.C.), 718 Race bias Sex bias USERRA, rescission of offer to rehire flight dispatcher valid basis for Navy reservist's claim (M.D. Fla.), 693 Whistleblowers
ADEA, utility did not violate by coordinating benefits with Medicare, specific exemption applies (N.D.N.Y.), 439
Business Roundtable's 2009 policy and legislative agenda outlined, 183 Captive insurance, creation of wholly owned subsidiary firms as vehicle for funding retiree health benefits, attorneys weigh pros and cons, 668 COBRA notice required despite provision of other coverage to early retirees, claim for statutory penalties may be time-barred (W.D. Va.), 22 Employee benefits, 2009, BLS report, 825 ERISA
Cancellation, standing, prior ruling reversed (9th Cir.), 579
Eligibility, oil firm must pay workers hired through staffing agencies, claim revived as timely (S.D.N.Y.), 215 LMRA
Full Company contribution in USW pact suggests vesting, retirees claim over benefits changes revived (6th Cir.), 384
Restructuring, Volvo retirees' bid for preliminary injunction denied (W.D. Va.), 356 Plan amendment invalid, contribution changes fiduciary breach, claim advances (E.D. La.), 49 Reservation of rights clause allowed plan sponsor to amend benefits at any time, in any manner, but misrepresentation, breach claim advances (D. Colo.), 356 Spinoff, former AT&T employees transferred post-retirement to benefit plans sponsored by Lucent Techs. lack standing to sue original entity (10th Cir.), 271 Underfunding, lifetime health benefits guaranteed under settlement accord, retiree may sue for fiduciary breach (D. Conn.), 77 Unisys, fiduciary duty breach (3d Cir.), 972 Future policy could include new risk-mitigation programs, actuary identifies ways to improve traditional model, 686 Phased retirement, Chamber releases benefit proposals, intends to work with policymakers, summary, 769 Unpaid benefits, priority claim status requires service to employer within 180 days prior to filing bankruptcy (9th Cir.), 527
Boomer retirement tsunami, need for immigration reforms discussed by conference speakers, 192
CSRS annuitants part-time work bill
See EARLY RETIREMENT
See ERISA
See 401(k) PLANS
Access blocked by pension rules, bureaucratic barriers, AARP reports, 153
Chamber releases benefit proposals, intends to work with policymakers, summary, 769 Savings
Race bias
Comparators not similarly situated, engineer fired for speeding has no claim (3d Cir.), 802
Equal protection, disparate impact, city firefighters' promotion test results rejected, too few minorities passed (U.S., rev grant), 36; implications for private employers, Analysis, 397; (oral arg) Special Report, 446; discarding test results without strong basis in evidence that minority candidates could prevail on disparate impact claim was reverse bias (rvs), 705; attorneys discuss impact of Ricci holding on day-to-day employer practices, Conference Report, 835; effect of Ricci on federal contractors discussed, forum, 1032 Supreme Court docket overview, 2008-2009, 89
E-Verify, governor has executive authority to require vendors to use (R.I. Super. Ct.), 373
Independent contractors misclassification, FedEx, payroll taxes, worker protections, 713 Labor legislation, 2008, DOL reports, 145
Men and women, most willing to sacrifice career for love, survey, 121
Foreign workers, government imposes new 2009 hiring quota, 166
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