Daily Labor Report® Index-Summary

RACIAL DISCRIMINATION

– ABF Freight, hiring, $300K, job offers settle bias claims, OFCCP announces, 205:A–6 (10/23/08)
– Affirmative defense, airline's prompt action to investigate demotion complaint negates liability (N.D. Ill.), 212:A–10 (11/3/08)
– Disparate impact and treatment

– – Background checks, EEOC weighs guidance on use of criminal records in employment decisions, 225:A–6 (11/21/08)
– – Promotions criteria properly viewed as one employment practice, employer liability upheld (U.S., rev den), 194:B–7 (10/7/08)
– – Supervisors had constructive knowledge of comparator evidence, $120K award upheld for city employee fired for setting off firecracker at work (6th Cir.), 228:AA–1 (11/26/08); text, 228:E–8 (11/26/08)
– – Suspension lawful, abuse of position sets claimant apart from comparators (U.S., rev den), 199:AA–1 (10/15/08)

– Eby-Brown, OFCCP's race bias charges settled, In Brief, 203:A–12 (10/21/08)
– Firing, non-rehire lawfully based on insubordination, failure to cooperate in fraud probe, no pretext shown (10th Cir.), 201:A–4 (10/17/08)
– Limitations

– – Discharge stemming from seniority loss not a separate act, failure to timely file with EEOC dooms Title VII claim (2d Cir.), 222:A–2 (11/18/08)
– – Pursuit of non-mandatory internal administrative remedies justifies equitable tolling of FEHA 1-year filing window (Cal.), 213:A–6 (11/4/08)

– Morgan Stanley, $14M settlement of financial advisors' class claims approved (N.D. Cal.), 206:A–7 (10/24/08)
– Pay raise denial, late EEOC filing doomed all claims except failure to notify of other opportunities, reinstated (7th Cir.), 200:AA–1 (10/16/08); text, 200:E–1 (10/16/08)
– Retaliation

– – Landscaping firm pays $75K to settle harassment claims of Egyptian-born worker (D. Md.), 211:A–1 (10/31/08)
– – Los Angeles city attorney's $1.5M retaliation award overturned where city's evidence plausible, pretext claim unsupported (Cal. Ct. App.), 222:A–4 (11/18/08)
– – Male police commander alleging whistleblower role in ticket-fixing probe lacks Title VII claims (4th Cir.), 214:A–1 (11/5/08)
– – Mandatory arbitration, Open Door pact enforceable under Ga. law applies to federal bias claims (11th Cir.), 197:AA–1 (10/10/08)
– – National Wholesale Liquidators (NWL), $249K settles EEOC charges on behalf of South Asian employees (E.D.N.Y.), 208:A–2 (10/28/08)
– – Rejected applicant who complained about race bias during hiring process showed pretext, claims advance (E.D. Pa.), 209:A–5 (10/29/08)

– Reverse bias

See REVERSE DISCRIMINATION

– School employee's claims properly rejected but not frivolous, award of attorneys' fees to employer was abuse of discretion (5th Cir.), 224:AA–1 (11/20/08); text, 224:E–1 (11/20/08)
– SEC, $2.7M settles disparate impact claims related to merit pay system, NTEU announces, 200:A–3 (10/16/08)
– Sovereign immunity, Ind. lottery commission not state agency under 11th Amend., must defend firing claims (7th Cir.), 198:A–3 (10/14/08)

RACIAL HARASSMENT

– Affirmative defense, airline's prompt action to investigate demotion complaint negates liability (N.D. Ill.), 212:A–10 (11/3/08)
– Trial practice, case strategies must confront personal biases, questions in mind of judge, jurors, attorneys advised, 204:B–1 (10/22/08)

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Cassens Transport, pattern of activity shown, suit alleging scheme to deny workers' comp benefits reinstated, Mich. law no bar (6th Cir.), 206:A–11 (10/24/08); text, 206:E–4 (10/24/08)
– Illegal hiring, county failing to show property interest in health care, law enforcement expenditures lacks standing to sue (U.S., rev den), 203:AA–2 (10/21/08)
– IUOE Local 825, bribes, embezzlement, former business manager pleads guilty (D.N.J.), 197:A–9 (10/10/08)
– Smithfield Foods, claim alleging UFCW corporate targeting campaign to further organizing was extortion advances (E.D. Va.), 202:AA–1 (10/20/08); suit settled, parties agree to “fair process” election (E.D. Va.), 208:AA–1 (10/28/08); date set for election, In Brief, 223:A–12 (11/19/08)

RAILROADS

– Cal., Bay Area high-speed line would add 48,000 construction jobs, bond issue discussed, 194:A–2 (10/7/08)
– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs optional pending court decision, 223:A–7 (11/19/08)
– Federal Railroad Safety Improvement Act

See LEGISLATION, FEDERAL, HR 2095

– Long Island Rail Road (LIRR), disability retirement benefits, carrier takes steps to hike compliance, curb abuses, 193:A–8 (10/6/08); Railroad Retirement Bd. (RRB) called in to address abuses, 199:A–4 (10/15/08); unions defend system in letter to Congress, 203:A–9 (10/21/08); RRB approves oversight plan for disability payments, 204:A–5 (10/22/08); official misconduct, LIRR manager arrested in disability scandal, 223:A–6 (11/19/08)
– Natl. Carriers Conf. Comm., IAM last of 13 unions to ratify rail pact, 193:A–14 (10/6/08)

RAILWAY LABOR ACT (RLA)

– Delta Air Lines, AFA charges of election interference under RLA lacked proof to trigger investigation, dismissed (NMB), 191:AA–1 (10/2/08); text, 191:E–6 (10/2/08)
– Jurisdiction, representation, ULPs, RLA, NLRA rights distinguished, 212:A–7 (11/3/08)

REAL ESTATE

– Central Fla. Invests., sexual harassment, spa director's $5.3M jury award against timeshare developer exceeds statutory cap, reduced (M.D. Fla.), 215:A–6 (11/6/08)
– Wildflower Estate Devs., undocumented worker injured on job, false employment documents no bar to recovery of lost wages where unverified by employer (N.Y. App. Div.), 225:A–2 (11/21/08)

RECOGNITION OF UNION

– Card check recognition, Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 800, S 1041

– East Allen County Schs., sex bias, class certified alleging failure to recognize, bargain with 4 mostly-female unions violates Title VII (N.D. Ind.), 195:A–3 (10/8/08)

RECORDS AND RECORDKEEPING

– Overtime, crediting of hours important to benefits calculations as well as pay, ERISA claim linked to FLSA claim proceeds (D. Ariz.), 197:A–6 (10/10/08)

REDUCTIONS IN FORCE (RIFs)

– ADEA, “me too” testimony from other employees inadmissible where no companywide pattern or practice alleged (D. Kan.), 216:A–3 (11/7/08)
– Layoffs

See LAYOFF ANNOUNCEMENTS; LAYOFFS

– Planes Moving & Storage, sex bias, fired women failed to show targeting, disparate impact (6th Cir.), 211:A–3 (10/31/08)
– Public employees survey shows RIFs expected in 2009, In Brief, 225:A–11 (11/21/08)
– Univ. of Texas Med. Branch, Hurricane Ike damage forces cuts at medical school, hospital, In Brief, 221:A–14 (11/17/08)
– Wash., unemployment benefits properly denied under employer-initiated layoff exceptions to statute, managers left voluntarily, without good cause (Wash.), 207:A–1 (10/27/08); text, 207:E–1 (10/27/08)

REHABILITATION ACT

– Alcoholic nurse with PTSD, depression not substantially limited, lawfully fired under last-chance accord (3d Cir.), 214:A–3 (11/5/08)
– FMLA retaliation, Iowa may be sued for accepting depressed worker's post-leave resignation, refusing reinstatement without interactive process (Iowa Ct. App.), 216:A–5 (11/7/08)

RELIGIOUS DISCRIMINATION

– Christian male public school worker who quit due to co-workers' ribald humor failed to show bias, harassment, adverse action (D. Ore.), 218:A–1 (11/12/08)
– Engraving bureau employee fails to show harassment over Afghan origin or travel (D.D.C.), 191:A–1 (10/2/08)
– Gold'n Plump Poultry, EEOC lawsuit over Muslim prayer breaks, employment agency use of “pork form” settled (D. Minn.), 219:A–9 (11/13/08)
– Muslims, 9/11 backlash continues, but more nuanced, attorneys review cases, 197:A–5 (10/10/08)
– Overtime, termination, Coptic Christian security guards at NYC port failed to show pretext or preferential treatment of Muslims (E.D.N.Y.), 217:A–3 (11/10/08)
– Pay, promotions, discipline, online school pays $1.9M to settle EEOC charges of bias against non-Mormon employees (D. Ariz.), 219:AA–1 (11/13/08)
– Pay raise denial, late EEOC filing doomed all claims except failure to notify of other opportunities, reinstated (7th Cir.), 200:AA–1 (10/16/08); text, 200:E–1 (10/16/08)
– Retaliation

– – Landscaping firm pays $75K to settle harassment claims of Egyptian-born worker (D. Md.), 211:A–1 (10/31/08)
– – National Wholesale Liquidators (NWL), $249K settles EEOC charges on behalf of South Asian employees (E.D.N.Y.), 208:A–2 (10/28/08)

– Workplace Religious Freedom Act

See LEGISLATION, FEDERAL, S 3628

RELIGIOUS ORGANIZATIONS

– American Friends Service Committee, rejected applicant who complained about race bias during hiring process showed pretext, Title VII, retaliation claims advance (E.D. Pa.), 209:A–5 (10/29/08)
– Hosanna-Tabor Evangelical Lutheran Church & School, ministerial exception bars ADA, state law disabilities bias claims (E.D. Mich.), 215:A–5 (11/6/08)
– R-1 nonminister religious worker visas, CIS final rule to address fraud, abuse of program summarized, 228:B–1 (11/26/08)
– Religious Worker Visa Extension Act

See LEGISLATION, FEDERAL, S 3606

REPORTING REQUIREMENTS

– Davis-Bacon construction payroll reports, DOL proposes reducing personal data, 202:A–5 (10/20/08)
– 403(b) pension plans, attorney speakers review 2009 compliance guidelines, offer tips, 221:A–6 (11/17/08)

REPRESENTATION ELECTIONS

– Atlas Air Worldwide Holdings, pilots to vote on switch from ALPA to IBT, 208:A–6 (10/28/08)
– Blue Diamond Growers, almond plant workers reject ILWU, 226:A–9 (11/24/08)
– Cal., farmworker secret-ballot election bill vetoed, 191:A–7 (10/2/08)
– Certification result valid, voters “employees” under NLRA despite undocumented status of most (U.S., rev den), 222:AA–1 (11/18/08)
– Delta Air Lines, AFA charges of election interference under RLA lacked proof to trigger investigation, dismissed (NMB), 191:AA–1 (10/2/08); text, 191:E–6 (10/2/08)
– DTR Indus., ULPs, layoff threat coercive interference in UAW vote (6th Cir.), 204:A–6 (10/22/08)
– First Student, Cal. school bus drivers choose IBT in 3 separate contests, 207:A–6 (10/27/08)
– JBS Swift, Utah meatpackers choose UFCW, 229:A–7 (11/28/08)
– JetBlue Airways, independent JetBlue Pilots Ass'n petitions NMB, 221:A–13 (11/17/08)
– Labor win rate up in first half of 2008, results by union, industry, NLRB data, 217:C–1 (11/10/08)
– NLRB data, FY2008 report on operations released, 211:A–10 (10/31/08)

RETAIL INDUSTRY

– Circuit City

– – Chapter 11 bankruptcy filed, In Brief, 218:A–10 (11/12/08)
– – Store closings, job cuts announced, 213:A–9 (11/4/08)

– National Wholesale Liquidators (NWL), bias, retaliation against South Asian employees, $249K settles EEOC charges (E.D.N.Y.), 208:A–2 (10/28/08)
– Sales, Census Bureau reports, Sept., 2008, 200:D–1 (10/16/08); Oct., 2008, 221:D–1 (11/17/08)
– Wal-Mart

– – Canada operations

See CANADA

– – Retailer sets new quality, environmental safety standards for Chinese suppliers, 206:A–3 (10/24/08)

RETALIATION

– ADA, breast cancer survivor's firing claim advances, manager's remarks may prove pretext (S.D. Miss.), 205:A–1 (10/23/08)
– ADEA, severance conditioned on unlawful waivers, $295K settles EEOC claims on behalf of manager fired at age 61 (D. Md.), 220:A–1 (11/14/08)
– EPA

– – RIF pretext, $950K settles claims of private school principal fired for voicing concerns over female teachers' unequal pay (N.D. Ohio), 221:A–2 (11/17/08)
– – Severance conditioned on unlawful release, $295K settles EEOC claims (D. Md.), 220:A–1 (11/14/08)

– Free speech, whether safety complaint was part of job duties is jury issue, claim revived (9th Cir.), 201:AA–1 (10/17/08); text, 201:E–1 (10/17/08)
– Pay equity, $435K settles EEOC charges of bias, retaliation against Hispanic telecom workers (E.D.N.Y.), 216:A–1 (11/7/08)
– Race and sex bias

– – Male police commander alleging whistleblower role in ticket-fixing probe lacks Title VII claims (4th Cir.), 214:A–1 (11/5/08)
– – Mandatory arbitration, Open Door pact enforceable under Ga. law applies to federal bias claims (11th Cir.), 197:AA–1 (10/10/08)

– Race bias, rejected applicant who complained about bias during hiring process showed pretext, claims advance (E.D. Pa.), 209:A–5 (10/29/08)
– Race, national origin, religious bias, landscaping firm pays $75K to settle harassment claims of Egyptian-born worker (D. Md.), 211:A–1 (10/31/08)
– Race, national origin, sex bias, Los Angeles city attorney's $1.5M award overturned where city's evidence plausible, pretext claim unsupported (Cal. Ct. App.), 222:A–4 (11/18/08)
– Race, national origin, sex, religious bias against South Asian employees, National Wholesale Liquidators (NWL) pays $249K to settle EEOC charges (E.D.N.Y.), 208:A–2 (10/28/08)
– Reverse race bias, inference raised under direct method, Ill. discharge claim advances for city parks worker fired for reporting suspected child abuse (N.D. Ill.), 223:A–1 (11/19/08)
– Sex bias, health care services worker fired for insubordination, policy breach after threat to file bias charge fails to show pretext, valid comparator (7th Cir.), 204:AA–1 (10/22/08); text, 204:E–1 (10/22/08)
– Sexual harassment

– – City employee fired for dishonesty failed to show pretext (3d Cir.), 195:A–3 (10/8/08)
– – Police officer demoted, transferred after corroborating co-worker's charges wins $3.6M jury award (Cal. Super. Ct.), 222:A–3 (11/18/08)
– – Prior consensual relationship, janitor lacked good-faith belief that supervisor's demands for sex were unlawful, verdict reversed (7th Cir.), 198:AA–1 (10/14/08); text, 198:E–1 (10/14/08)
– – Scope, revealing incidents during HR probe not protected participation or opposition activity under Title VII (U.S., oral arg), 196:AA–1 (10/9/08)
– – Starbucks manager fired by accused 3 months after filing EEOC charge raised pretext issue, claim advances (W.D.N.C.), 221:A–1 (11/17/08)
– – Waitress suspended after reporting manager's daily advances showed adverse action, Title VII, Tenn. claims revived (6th Cir.), 210:A–2 (10/30/08)

– Sexual or racial harassment, case strategies must confront personal biases, questions in mind of judge, jurors, attorneys advised, 204:B–1 (10/22/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)
– Title IX, university coaches who advocated gender equity fired, claim settled for $3.4M (M.D. Fla.), 208:A–3 (10/28/08)
– Whistleblowers

See WHISTLEBLOWERS
– – Sarbanes-Oxley Act

See SARBANES-OXLEY ACT (SOX)

– – STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– Workers' compensation, failed drug test pretext, firm liable despite filing of benefits claim months after firing (Tenn. Ct. App.), 206:A–6 (10/24/08)

RETENTION OF EMPLOYEES

– Turnover

See TURNOVER, EMPLOYEE

RETIREE HEALTH BENEFITS

– ArvinMeritor, court approves VEBA to fund health care for predecessor Rockwell Automation retirees (E.D. Mich.), 199:A–2 (10/15/08)
– ERISA, LMRA

– – Modifications to ERISA plans must be in writing, changes in “secret side deal” properly invalidated (7th Cir.), 206:A–1 (10/24/08); text, 206:E–1 (10/24/08)
– – Pact breach, hybrid claim for money damages, LMRA allows jury trial when legal relief sought, even if incidental to other relief (E.D. Wis.), 211:AA–1 (10/31/08)
– – Parent firm cannot hike retirees' costs, vested along with benefits under pact (N.D. Ohio), 194:A–3 (10/7/08)

– N.J. state employees, reforms enacted, In Brief, 190:A–11 (10/1/08)
– Port of Seattle, vested benefits conferred in ILWU pact are deferred compensation surviving expiration of pact (Wash.), 202:A–4 (10/20/08)
– VEBAs

See VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS (VEBAS)

– Wellness programs, healthy lifestyles adopted by employees hoping improvements now may lower costs in retirement, survey, 201:A–3 (10/17/08)

RETIREMENT

– Economic crisis

– – Effects, plan sponsors report more delayed retirements, lower contributions, increased hardship withdrawals, survey, 196:A–3 (10/9/08)
– – Security in retirement may be worst casualty of banking crisis, House labor panel told, 196:A–3 (10/9/08)

– ERISA

See ERISA

– Expatriates, globally mobile employees, 2008-2009 benefits survey, 219:A–6 (11/13/08)
– 401(k) plans

See 401(k) PLANS

– Pensions, benefits not offered primarily because many workers don't want them, policy implications, savings incentives discussed, 193:A–5 (10/6/08)
– Plan participation increasing, gender gap closing, EBRI study finds, 197:A–7 (10/10/08)

REVERSE DISCRIMINATION

– Race bias, inference raised under direct method, retaliatory discharge claim advances for city parks worker fired for reporting suspected child abuse (N.D. Ill.), 223:A–1 (11/19/08)

RHODE ISLAND

– State employees, governor, AFSCME settle dispute over new pact for 4,100, 202:A–8 (10/20/08); ratified, In Brief, 208:A–11 (10/28/08)

RIFs

See REDUCTIONS IN FORCE (RIFs)

RIGHT TO WORK

– Colo. labor groups drop 4 ballot measures in exchange for business opposition to 3 anti-union initiatives, 192:A–3 (10/3/08)
– Free speech, Idaho ban on local government employees' political payroll deductions violates 1st Amend. (U.S., oral arg), 213:AA–1 (11/4/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

RLA

See RAILWAY LABOR ACT (RLA)