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INDEX
Vol. 6, Nos. 1-35, pp. 1-1206
Jan. 4 - Aug. 29, 2008

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
      – Bellevue Med. Ctr., claimant charging vast conspiracy fails to state Title VII claim (S.D.N.Y.), 1183
      – Civil Rights Act of 1866, §1981
        – – Hiring, diversity goal may be circumstantial proof, §1981 claim revived for white applicant rejected in favor of less qualified black candidate (5th Cir.), 497
        – – Iranian national's claim that failed to allege race bias revived, race, nationality, ethnicity not synonymous under §1981 (7th Cir.), 432
        – – Retaliation, whether §1981 includes cause of action debated (U.S., oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738
      – Disparate impact, employer status, NYC teacher candidates may sue city for imposition of certification requirements, but not state (U.S., rev den), 916
      – Disparate treatment
        – – BCI Coca-Cola Bottling, $250K, training settles EEOC claim based on cat's paw theory of liability (D.N.M.), 564
        – – “Cantankerous” female police officer shows bias in discipline, retaliatory firing (W.D. Tenn.), 561
        – – City employee fired for setting off firecracker at work awarded $120K (E.D. Tenn.), 43
        – – Firing for perceived sexual harassment lawfully based on employer's reasonable belief, prima facie proof immaterial (D.C. Cir.), 466
      – DLA Piper, insubordination justified firing of associate attorney, motivation non-biased (S.D.N.Y.), 209
      – Exhaustion, right-to-sue letter from Cal. agency sufficient basis for suit where plaintiff lacks but is entitled to have EEOC letter (9th Cir.), 435
      – Federal Express (FedEx), analysis of similarly situated employees “exceedingly narrow,” firing claims revived (6th Cir.), 363
      – FRCP Rule 23(f), limitations, when class certification denied, 10-day statutory window opens for filing appeal, motion for reconsideration does not toll (3d Cir.), 601
      – Hiring preferences, time-barred claims against city accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156
      – Interracial relationship
        – – Association bias actionable under Title VII where race-based, claim revived for coach fired due to interracial marriage (2d Cir.), 463
        – – Manager who dated, married hourly worker violated nonfraternalization policy, lawfully fired (7th Cir.), 630
      – Jihad queries not stray remarks, highly qualified Yemeni Muslim rejected for telecom job may sue (W.D. Wash.), 436
      – Medical review, state law privilege protecting physician performance assessments does not apply in federal job bias cases (U.S., rev den), 61
      – Pay bias class claims, standing, time bar affirmed (9th Cir.), 368
      – Promotions, attorneys' fees far exceeding $30K won by white claimant affirmed, no abuse of discretion (U.S., rev den), 918
      – Restaurant owner's negative comments about headscarf on Muslim waitress direct evidence, Title VII, constructive discharge claims advance (E.D. Wash.), 1162
      – Retaliation
        – – Black pharmacist fired after objecting to supervisor's 'slave driver' screen saver may sue (S.D. Ala.), 433
        – – EEOC enforcement FY2007, private-sector charges up 9 percent, race bias, retaliation claims most common, 348
        – – Pleading, FRCP Rule 8(a), dismissal with prejudice of overly long complaint was abuse of discretion, claims revived (9th Cir.), 998
        – – Police officers harassed for opposing racist treatment of colleagues win $10M jury award (E.D. Pa.), 690
      – “Same actor” evidence afforded no extra weight, damages upheld, punitive award reinstated (Cal. Ct. App.), 628
      – SMWIA Local 28, underemployment, $6.2M settles EEOC claims on behalf of black, Hispanic workers, consent decree (S.D.N.Y.), 117
      – Title change, denial of discretionary bonus, larger raise not materially adverse actions, claim rejected (7th Cir.), 498
      – Xerox, assignment of sales territories and customer accounts, $12M class settlement preliminarily approved (E.D.N.Y.), 529
    RACIAL HARASSMENT
      – Constructive discharge claims rejected, threats and slurs at gunpoint ruled anger, not bias (3d Cir.), 530
      – Emotional distress, negligent retention, $2M judgment against restaurant employer vacated due to flawed jury instruction (11th Cir.), 403
      – Epithets, graffiti, noose, trucking firm liable for failure to prevent or control, maximum damages upheld (6th Cir.), 686
      – Hostile environment, black, bisexual plastic surgeons' claim against hospital rejected, other claims foreclosed (9th Cir.), 248
      – Hostile environment, rehearing granted on plastic surgeons' claim against hospital (9th Cir.), 1054
      – Retaliation
        – – Bagby Elevator, hostile environment, $550K jury award upheld for elevator maintenance worker subjected to epithets, taunts, threats (11th Cir.), 115
        – – Lockheed Martin proposes record $2.5M to settle EEOC suit, consent decree (D. Hawaii), 13
        – – USDA, black manager's conduct not severe or pervasive, white employees' hostile environment claims properly rejected (8th Cir.), 996
    RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT
      – ABX Air, illegal hiring to depress wages, enterprise claim may proceed against executives, but not against firm and parent DHL Express (S.D. Ohio), 476
      – INA, illegal hiring, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440
      – Kickbacks, embezzlement, mail fraud convictions affirmed for former NFOPAPE president and secretary (U.S., rev den), 918
      – Signal Intl., Indian guestworkers sue shipyard alleging fraud, forced labor, human trafficking (E.D. La.), 410
      – Smithfield Foods, UFCW, allies must defend charges of extortion in Tar Heel, N.C. recognition campaign, dismissal bid rejected (E.D. Va.), 775
      – Tyson Foods, class claims dismissed, no evidence that illegal hiring depressed wages (E.D. Tenn.), 253
    RACKETEERING
      – DOL OIG's semiannual report to Congress, overview, 808
    RAILROADS
      – Burlington N. Santa Fe R.R., FELA, company retaliated against mechanic who reported work-related injury, verdict affirmed (10th Cir.), 1033
      – Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844
      – CSX Transp., RLA, provision in FMLA allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (U.S., rev den), 97
      – Natl. RR Passenger (Amtrak), ERISA, voluntary early retirement plan (VERP) supplement excluded from qualified “retirement-type” subsidies, cutbacks lawful (D.D.C.), 910
      – Norfolk Southern Rwy., asbestos liability, “procedural” nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
      – Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195
      – RLA, representation cases, union elections criteria, NMB proposes procedural changes affecting railroad employees, 1037
    RAILWAY LABOR ACT (RLA)
      – ABX, DHL, ALPA secondary boycott ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
      – Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844
      – CSX Transp., FMLA provision allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (U.S., rev den), 97
      – ERISA, fiduciary breach, airline workers' claims subject to mandatory arbitration under RLA where pension plan at issue maintained pursuant to CBA (8th Cir.), 298
      – First-contract bargaining, air carrier's unilateral changes to pilot's terms and conditions no RLA violation, status quo not required (9th Cir.), 375
      – Flight attendant's bias claims not a “minor dispute,” no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029
      – Representation cases, union elections criteria, NMB proposes procedural changes affecting railroad, airline employees, 1037
    REAL ESTATE
      – Brandywine Realty Trust, ERISA, constructively discharged employee may sue for severance (N.D. Cal.), 539
      – Windermere Real Estate/ Wall St., arbitration pact limiting pool of arbitrators to franchisee's employees violates neutrality, unenforceable (Wash. Ct. App.), 215
      – W&M Props., anti-union animus, refusal to hire IUOE engineers was ULP, NLRB upheld (D.C. Cir.), 214
    RECOGNITION OF UNION
      – B.A. Mullican Lumber & Mfg., recognition legally withdrawn, statements, letter objective proof of majority-backed ouster (4th Cir.), 1056
      – Card check recognition
        – – Employee Free Choice Act (EFCA)
          See LEGISLATION, FEDERAL, HR 800, S 1041
        – – Hawaii governor vetoes option for agriculture, small business workers, lawmakers consider override, 550
      – HQM of Bayside, nursing home illegally withdrew recognition without majority support, ordered to recognize, bargain (4th Cir.), 377
      – Performance management plan implementation potential pact breach, IBEW recognition clause triggers arbitration (U.S., rev den), 416
      – Withdrawal of recognition the day after pact expired was ULP where union produced evidence of majority support before expiration (D.C. Cir.), 533
    RECORDKEEPING
      – Employee selection procedures (UGESP), EEOC votes to seek White House approval on extension of guidelines' rules, Internet concerns aired, 413; comment sought on request to OMB to renew UGESP without change, 444
      – FLSA violations, minimum wage, seasonal farmworkers denied certification for FLSA collective or AWPA class claims (W.D. Mich.), 8
    RECRUITING
      – Bernard Hodes Grp., business expenses, N.Y. wage deduction limit applies to executives as well as nonmanagement workers (N.Y.), 796
      – Intrax, overtime, lifeguards working under J-1 visas subject to amusement and recreational exemption, claims against employer, staffing firm rejected (D.D.C.), 1050
      – Spherion, ERISA, “other appropriate equitable relief” does not include payment of life insurance benefits denied due to breach of fiduciary duty (U.S., brief sought), 349; review urged (U.S., brief filed), 736; (U.S., rev den), 944
    REDUCTIONS IN FORCE (RIFs)
      – ADEA, admissibility of “me too” testimony from other employees depends on fact-intensive, context-specific inquiry (U.S., vac and rem), 281; text, 306
      – SOX, funeral home employees lacked reasonable belief in reported shareholder fraud, RIF firings unprotected (5th Cir.), 155
    REFERENCES AND INFORMATION CHECKING
      – Settlement terms required minimal job references, disclosure of bias suit possible breach, suit revived (7th Cir.), 1003
    REHABILITATION ACT
      – Court security officer with partial hearing loss failed to establish regarded-as claim, localizing sound not major life activity (U.S., rev den), 59
      – EEOC to revamp internal complaint process, replace “handicap” with “disability,” 256
      – Essential functions, conditional job offer unlawfully rescinded where no individualized assessment of HIV impairment (EEOC), 117
      – Fair Pay Act
        See LEGISLATION, FEDERAL, S 2945
      – Foreign Service applicant showed withdrawal of eligibility was based on “record of” impairment substantially limiting major life activity, claim revived (D.D.C.), 1026
      – Medical inquiry, rule conditioning sick leave on submission of doctor's note to supervisor triggers ADA analysis, preliminary injunction (S.D. Ohio), 963
      – Salvation Army, hiring claim revived for driver applicant taking psychotropic drugs, “record of impairment,” medical inquiry at issue (6th Cir.), 932
      – Sleeping major life activity, claim revived for FBI employee with PTSD dropped as special agent candidate (D.C. Cir.), 961
      – USPS mail handler's dust allergy was a temporary condition triggered by work environment, not a disability subject to permanent accommodation (7th Cir.), 499
    RELIGIOUS DISCRIMINATION
      – Backlash, Muslim rental agent called “Taliban,” “towel head” in wake of 9/11 and sniper attacks showed severe or pervasive harassment, claim revived (4th Cir.), 495
      – Bellevue Med. Ctr., claimant charging vast conspiracy fails to state Title VII claim (S.D.N.Y.), 1183
      – Contraception, Wash. rule barring pharmacists from refusing to dispense “morning after” pill temporarily enjoined, stay pending appeal denied (9th Cir.), 627
      – “Cryptic” comment not proof of harassment, but pagan's firing claim may proceed (D. Ariz.), 718
      – Evidence, tapes documenting that rehire conditioned on rejoining FLDS church admissible despite family ties, claim revived (10th Cir.), 687
      – Fellowship of Friends members allegedly favored for advancement, Kelly Servs. will appeal ruling favoring non-member denied promotion (E.D. Cal.), 531; jury verdict upheld but punitive damages nine times compensatory award reduced (E.D. Cal.), 1086
      – Firestone Fibers and Textiles, accommodation reasonable, further time off for Sabbath, holiday observances cause undue hardship (4th Cir.), 205
      – Free exercise, Jewish police officer has right to wear beard, but not yarmulke (D. Nev.), 1160
      – Jewish community center primarily a religious organization, exempt from Christian bookkeeper's firing claim (U.S., rev den), 578
      – Jihad queries not stray remarks, highly qualified Yemeni Muslim rejected for telecom job may sue (W.D. Wash.), 436
      – Mass. Bay Transp. Auth., failure to hire without attempt to accommodate Sabbath observance unlawful (Mass.), 47
      – N.J. accommodation law enacted, 99
      – Norwegian Cruise Line (NCL), EEOC may sue employer over fired Muslim crew members, but not holding company (D. Haw.), 247
      – Restaurant owner's negative comments about headscarf on Muslim waitress direct evidence, Title VII, constructive discharge claims advance (E.D. Wash.), 1162
      – Title VII, EEOC adopts compliance guidance, overview, 1021
      – UPS, accommodation standard requires bilateral cooperation, not elimination of conflict, damages upheld despite improper jury instruction (8th Cir.), 81
      – Wiccan Starbucks barista fired for refusal to conceal pendant entitled to jury trial on retaliation (D. Ore.), 243
      – Workplace Religious Freedom Act
        See LEGISLATION, FEDERAL, HR 1431
    RELIGIOUS ORGANIZATIONS
      – Faith-based employers should not mandate religious service attendance, ABA panelists offer policy tips, 547
      – FLSA ministerial exception, rebuttable presumption exists under internal affairs doctrine that ministers, clerics not covered (7th Cir.), 331
      – Lancaster Jewish Community Center, primary purpose religious despite secular activities, exempt from Title VII claim (U.S., rev den), 578
      – Religious Worker Visa Extension Act
        See LEGISLATION, FEDERAL, HR 5570
    REPRESENTATION ELECTIONS
      – Decertification
      – FreshDirect, interference, rejected unions claim ICE audit during election intimidated workers, Special Report, 128
      – Trump Plaza Atlantic City, clean win declared, UAW certified to represent dealers (NLRB), 777
    RES JUDICATA
      – Fraud and false inducement, state law claims may proceed to jury, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189
      – Wrongful discharge, question of whether DOL's unreviewed dismissal of AIR 21 retaliation claim precludes state law claim certified to Cal. high court (9th Cir.), 539
    RESIDENTIAL CARE
      – Jasmine Hall Care Homes, overtime, live-in workers who share bedrooms with other workers not exempt under FLSA (E.D. Cal.), 78
    RESTRICTIVE COVENANTS
    RETAIL AND WHOLESALE WORKERS (RWDSU)
      – Clothes changing, absent custom, practice under pact, no FLSA duty to pay poultry workers for time spent donning, doffing safety gear (U.S., rev den), 811
    RETAIL INDUSTRY
      – Circuit City, mandatory arbitration, Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
      – Dollar Bill's Stores, retaliatory discharge, claimant fired for reporting illegal acts by co-worker relating to employer's business may sue, but individual liability rejected (Miss.), 1034
      – Dollar General, FMLA retaliation, verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (6th Cir.), 1149
      – Family Dollar Stores, overtime, showing that management altered time records negates need to show specific days and hours, claim revived (7th Cir.), 994
      – FLSA, sellers of novelties at special store events exempt outside salespersons, Wage and Hour Op. Letter, 1096; text, 1099
      – Home Depot, ERISA, fiduciary breach claim revived for former employees seeking benefits, not damages (11th Cir.), 1092
      – Ore. Entm't d/b/a Fantasy Adult Video, manager's wrongful discharge claim based on reasonable belief in ergonomics violations may proceed, but not claim based sexual activity, HIV transmission risk (D. Ore.), 399
      – Prada USA, Iranian national's firing claim that failed to allege race bias revived, race, nationality, ethnicity not synonymous under §1981 (7th Cir.), 432
      – Salmon Run Shopping Center, mall owner lawfully denied UBC right to distribute literature to general public criticizing tenant's use of nonunion labor, content, context unprotected (2d Cir.), 1031
      – Staples, “for cause,” employee fired for padding travel, expense reports forefeited right to exercise stock options (1st Cir.), 1194
      – Sterling Jewelers, sex bias in pay, promotions, arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028
      – Wal-Mart Stores
        – – ADA
          – – – Disabled job candidate not the most qualified, accommodation claim rejected (U.S., dismissed following settlement), 95
          – – – Greeter job, $300K settles EEOC claims on behalf of rejected applicant with cerebral palsy (W.D. Mo.), 602
          – – – Regarded as disabled, transferred pharmacy aide's $900K award affirmed (2d Cir.), 960
          – – – Sex offender registration not a disability, firing of store manager under new policy not bias (S.D. Texas), 1087
        – – California
          – – – Earned wages, accrued leave, final payments withheld from fired workers, class certified (N.D. Cal.), 335
          – – – Wage and hour claims, bid for class certification revived where claims for monetary relief nonincidental (9th Cir.), 600
        – – Off-the-clock work, breaks violations, class claimants win $6.5M in compensatory damages for state law claims (Minn. Dist. Ct.), 927
        – – Sexual harassment, bias action based on offensive supervisor conduct revived, but constructive discharge, retaliation rejected (5th Cir.), 1000
        – – SOX, whistleblower who refused to shred documents sought in DOJ criminal probe may sue for retaliation (W.D. Ark.), 191
        – – Title VII retaliation, failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055
      – White Cap Indus., breaks, meal and rest, drivers' Cal. class certified (Cal. Sup. Ct.), 78
      – Wickes Furniture, sexual harassment, hostile environment, prompt remedial action on incidents employer had notice of triggers dismissal (8th Cir.), 292
      – X-Treem Vibe, wage and hour violations, N.Y. attorney general announces $1.4M settlement with retailer (N.Y. Sup. Ct.), 207
    RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION (RWDSU)
      – X-Treem Vibe, wage and hour violations, N.Y. attorney general announces $1.4M settlement with retailer, union's community projects discussed (N.Y. Sup. Ct.), 207
    RETALIATION
      – ADA, presence, interaction essential, 3-day “limit” not substantial limitation for agoraphobic worker who rejected transfer (3d Cir.), 907
      – ADEA
        – – Federal employees, availability of cause of action at issue (U.S., oral arg), 237; protection same as private sector, postal worker harassed after bias complaint has viable claim (rev), 731; text, 748
        – – Layoff immediately following filing of claim could establish prima facie case (6th Cir.), 185
      – Age bias, investigation showed absentee hospital registrar lawfully suspended despite supervisor's alleged animus, reversed (D.C.), 1052
      – Disability bias, Conn. law requires reasonable accommodation, interactive process, claims revived (Conn.), 580
      – EEOC enforcement FY2007, private-sector charges up 9 percent, race bias, retaliation claims most common, 348
      – EPA, disclosure of private data to attorneys not protected where irrelevant to discovery, firing lawful under 6-factor test (6th Cir.), 903
      – ERISA, interference, discharge after disability lawsuit not shown to be pretext for retaliation (8th Cir.), 538
      – ERISA, software engineer's claim that Cal. bias suit triggered benefits denial preempted (N.D. Cal.), 1167
      – Federal sector complaints, proposed changes to EEOC case handling rules approved for review by other agencies, 780
      – FLSA
        – – Claim revived where former employer sued for fraud, breach of contract in response to overtime suit (4th Cir.), 182
        – – Documentation required, informal complaints covered by FLSA only if written and “filed” with employer (W.D. Wis.), 901
        – – Temporal proximity lacking, opt-in plaintiff failed to link protected activity to termination seven months later (11th Cir.), 180
        – – Violations, informal, internal complaints protected, but not remarks made in management role (5th Cir.), 769
      – FMLA
        – – Associational bias, support for wife's claim against same employer not protected, retaliation claim properly dismissed (5th Cir.), 795
        – – Bookkeeper demoted during intermittent leave to care for mother gets claim partially revived (7th Cir.), 621
        – – Intended purpose, fired auto worker's claim survives video of him building porch while on approved leave (S.D. Ohio), 837
        – – Reinstatement, tuition reimbursement denied after leave, claims revived (7th Cir.), 113
        – – Verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (6th Cir.), 1149
      – Freedom of speech
        – – Ferries engineer not required to report management corruption as part of job duties, speech protected under 1st Amend. (9th Cir.), 84
        – – Mixed speech, university computer auditor's complaints made as citizen may be protected if matter of public concern, analysis required, remanded (5th Cir.), 295
        – – Public vs. private speech, police officer's speech maligning department, slamming minorities and homeless not protected (U.S., rev den), 733
        – – University worker lawfully fired for e-mailing inaccurate pay restructuring data received from NAACP (4th Cir.), 633
      – Race bias
        – – Civil Rights Act of 1866, whether §1981 includes retaliation cause of action debated (U.S., oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738
        – – Police officers harassed for opposing racist treatment of colleagues win $10M jury award (E.D. Pa.), 690
      – Race bias, dismissal with prejudice of overly long complaint was abuse of discretion, claims revived (9th Cir.), 998
      – Racial harassment
        – – Bagby Elevator, $550K jury award upheld for elevator maintenance worker fired for refusing to arbitrate claim (11th Cir.), 115
        – – Lockheed Martin proposes record $2.5M to settle EEOC suit, consent decree (D. Hawaii), 13
        – – USDA, black manager's conduct not severe or pervasive, white employees' hostile environment claims properly rejected (8th Cir.), 996
      – Religious bias, employer's “cryptic” comment not proof of harassment, but Pagan's firing claim may proceed (D. Ariz.), 718
      – Sex and national origin bias, defense contractor's computer specialist fired after making complaints failed to show pretext, retaliation (D. Md.), 1153
      – Sex bias
        – – Business judgment triggered firing over phone and internet use, bias claims rejected (7th Cir.), 122
        – – “Cantankerous” female police officer shows bias in discipline, firing (W.D. Tenn.), 561
        – – Punitive damages, bank executive properly won verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210
        – – Title VII shields relatives, associates of persons engaging in protected activity, fired fiance's claim revived (6th Cir.), 467
      – Sexual harassment
        – – Complainant's car set on fire, employer potentially liable for acts of co-worker, Ohio claim revived (6th Cir.), 245
        – – Court worker's claim survives despite discharge prior to reporting on judge's penis exposure, masturbation during trial (N.D. Okla.), 431
        – – “Love contracts” between co-workers in consensual relationship may curb litigation, Analysis & Perspective, 223
        – – Scope, revealing incidents during HR probe not protected activity under Title VII (U.S., rev grant), 134
        – – Secretary transferred after objecting to supervisor staring raised viable hostile environment claim, revived (1st Cir.), 212
      – Tenn., SOX whistleblower complaint dismissed, but ADA, state law retaliation claims may proceed (E.D. Tenn.), 541
      – Title VII
        – – Associational bias, en banc rehearing ordered (6th Cir.), In Brief, 1089
        – – Scope, failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055
      – Title VII, CBA clause requiring state employees to choose between grievance arbitration and administrative, judicial remedies no violation (2d Cir.), 957
      – Whistleblowing
      – Workers' compensation
    RETIREE HEALTH BENEFITS
      – ADEA
        – – EEOC exemption allowing employer plans to coordinate benefits with Medicare upheld (U.S., rev den), 449
        – – Exemption tied to Medicare eligibility, EEOC issues final rule, 24
      – Caterpillar, ERISA, NLRA, third party claim that UAW was partly liable for unlawful cuts rejected (M.D. Texas), 668
      – Emergency Retiree Health Loan Guarantee Board, establishment
        See LEGISLATION, FEDERAL, HR 6143
      – ERISA, Continental Tire, $158M to VEBA settles retirees' claims over vested contributions (N.D. Ohio), 571
      – PolyOne, formerly B.F. Goodrich, benefits vested where linked in CBA to eligibility for pension benefits, LMRA claim revived (6th Cir.), 408
      – ULPs, benefits for future retirees may not be modified without giving union opportunity to bargain (D.C. Cir.), 631
    RETIREMENT
    REVERSE DISCRIMINATION
      – Gender, familial status not a protected classification, invalid basis for fired family's bias claim (10th Cir.), 183
    RHODE ISLAND
      – State actions summary, 229; 384; 703; 1066; 1200
    RIGHT TO WORK
      – Colo., business initiative certified for ballot, In Brief, 643; union-backed measures approved by Title Board, 677
      – NRTW Found., agency fees, expense pooling, public employees union did not violate 1st Amend. by charging nonmembers fees for extra-unit litigation costs (U.S., rev grant), 261
    RLA

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