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Federal Equal Employment Opportunity Laws, Cases, and Resources

Federal Equal Employment Opportunity Laws
29 U.S.C. § 621 et seq..... - Age Discimination in Employment Act (ADEA)
42 U.S.C. § 12101 et seq.. - Americans with Disabilities Act - s.a. ADA Amdts Act of 2008
42 U.S.C. § 206(d) sex ds - Equal Pay Act of 1963 - part of Fair Labor Standards Act
42 U.S.C. § 1981, 1981a.. - Equal Rights Under Law - Damages for Intentional Empl. Discrim
42 U.S.C. § 2000d et seq. - Federally Assisted Prog's - no discrm. - Title VI of Civil Rights Act
42 U.S.C. § 2000e et seq. - Federal Equal Employment Oppor. - Title VII of Civil Rights Act
42 U.S.C. § 2000ff et seq. - Genetic Information Non-discrimination Act of 2008 - (GINA)
29 U.S.C. § 791 et seq.....
- Rehabilitation Act of 1973 - Rigts of Disabled- Sec. 501,505,508..
See also:
29 U.S.C. § 2601 et seq... - Family and Medical Leave Act of 1993 (FMLA)

38 U.S.C. § 4301 et seq... - Uniform Services Empl. & Remployment Rights Act (USERRA)
U.S. Code Classification Tables (to verify currency of above USC cites - Ledbetter Act of 2009)

Congressional Research Service Reports
Affirmative Action in Employment: A Legal Overview
Age Discrimination in Employment Act (ADEA): A Legal Overview
Americans with Disability Act (ADA): The Definition of Disability
Family and Medical Leave Act: Current Legislative and Regulatory Activity
Federal Civil Rights Statutes: A Primer
Genetic Information Nondiscrimination Act of 2008 (GINA)
Pay Discrimination Claims Under Title VII of the Civil Rights Act
Sexual Harassment: Developments in Federal Law

Federal Agency Resources
Census Bureau - Equal Employment Opportunity Statistics
Department of Justice - Civil Rights Division - Civil Rights Complaints - EEO Office
Department of Labor EEO Programs - EEO Law Summary Poster - Affirmative Action
Equal Employment Oppor. Comm. - EEO Laws - Q&A - Poster - 29 CFR 1600+
Merit System Protection Board - 5 C.F.R. Parts 1200-1299
National Archives - Equal Employment Opportunity Laws
Office of Special Counsel (protecting whistleblowers) - 5 C.F.R. Parts 1800-1899

Non-Government Resources
Affirmative Action and Diversity Project - University of California at Santa Barbara
Affirmative Action History - TimeLine (by Info Please)
American Association for Affirmative Action (AAAA)
DiversityCentral.com
Downside of Diversity - Boston Globe article, August 5, 2007 
Equal Employment Opportunity Law - EEOLaw.com
Equal Employment Opportunity - Google Books
HireDiversity.com - diversity recruitment
Insight into Diversity (formerly Affirmative Action Register)
Leadership Conference on Civil Rights - Equal Opportunity
Understanding Prejudice - 10 Myths about Affirmative Action

Recent Selected Court Opinions
Aug. 05, 2010 - Reid v Google - Calif Sp Ct - stray remarks showing age bias may be weighed with other evidence of fired 54 yr old
Aug. 05, 2010 - Collazo v Bristol-Myers - 1st Cir - fired scientist's retaliation suit who aided subordinate's claim of sexual harass. allowed
Aug. 04, 2010 - Nyrop v Indep. School Dist No. 11 - 8th Cir - music teacher's MS not substantially limiting, thus not an ADA disability
Aug. 02, 2010 - EEOC v Geo Group - DC Cir - for safety reasons ban on head scarves for Muslim prison employees upheld
July 27, 2010 - Brownfield v City of Yakima - 9th Cir - not ADA violation to require fitness-for-duty exam for officer exhibiting volatility
July 27, 2010 - Fischer v UPS - 6th Cir - employee who lost dicrim. suit then fired, won $300,000 punitive damages award for retaliation
July 26, 2010 - Schneider v Giant of Md - 4th Cir - diabetic pharmacist loses ADA claim; didn't communicate disability; diabetes not disab.
July 20, 2010 - Chaney v Plainfield Healthcare - 7th Cir - Title VII race discrim. violation in honoring patient request for white only aides
July 09, 2010 - Shatkin v U Tex - ND Tex - employees fired for holding loud prayer session can proceed with religious discrim. claim
July 06, 2010 - Wisbey v City of Lincoln - 8th Cir - depressed worker on frequent leave lacks ADA claim as unable to perform job
July 02, 2010 - Moss v BMC Software - 5th Cir - non-hired 68 yr old lawyer had no ADEA claim as age must be "but for" factor per Gross
July 02, 2010 - Badgley v Walton - Vt Sp Ct - Vermont state trooper mandatory retirement age at age 55 not unconstitutional
July 02, 2010 - Univ Texas El Paso v Herrera - Tx Sp Ct - state has 11th Amdt sovereign immunity in FMLA self-care provision suit
July 01, 2010 - Lowe v Hamilton Cnty - 6th Cir - Cnty as a state subdivision doesn't have 11th Amdt sovereign immunity in ADA suit
Jun. 29, 2010 - McFadden v Ballard Spahr - DC Cir - terminated black legal secretary with disabling medical condition not similarly situated
Jun. 21, 2010 - Rodriguez-Garcia v Miranda-Marin - 1st Cir - adverse retalitory action found in employee transfer to lesser duty job
Jun. 17, 2010 - Ontario v Quan - Sp Ct - city's review of officer's private messages on city-issued pager not a 4th Amdt breach
Jun. 15, 2010 - McGullam v Cedar Graphics - 2d Cir - sexually offensive comments made a year apart don't make for hostile work environ.
Jun. 09, 2010 - Duvall v Georgia-Pacific - 10th Cir - job held by temporary worker isn't vacant for purposes of ADA reassignment duty
Jun. 02, 2010 - Rosario v Army - 1st Cir - attraction or overt acts need not be shown in sexual harassment; ample circum. evidence
Jun. 02, 2010 - Wilkerson v Shinseki (VA) - 10th Cir - transfer to lower pay job of obese diabetic boiler room worker reasonable accomod.
Jun. 01, 2010 - Porter v Shah (USIAD) - DC Cir - triable sex bias/retaliation issues raised by non-promoted black male worker
May 27, 2010 - Tseng v Florida A&M U - 11th Cir - not tenured Taiwanese teacher not discrim. as job required good English communica.
May 24, 2010 - Lewis v Chicago - Sp Ct - fire fighters race discrim. case revived for each job denial due to disparate-impact cutoff score
May 20, 2010 - Rodriguez v Maricopa Cmty College - undisciplined professor's anti-Hispanic e-mails/website is speech, not harrassment
May 12, 2010 - Goelzer v Sheboygan Cnty - 7th Cir - claim that worker was fired for using FMLA protected leave allowed to go to trial
May 11, 2010 - Morales-Vallellanes v Porter - 1st Cir - selectively permitting longer breaks for female workers not gender discrimination
May 10, 2010 - Burkhart v Amer. Railcar - 8th Cir - fired female worker's complaints of sexual harassment/retaliation not causally connected
May 10, 2010 - Summe v Kenton Cnty Clerk's Ofc - 6th Cir - politcally motivated firing accepted as job had discretionary authority
May 08, 2010 - Spiegel v Schulmann - 2d Cir - court rules that there is no individual liability under ADA retaliation provision
May 07, 2010 - Beckford v Dept of Corrections - 11th Cir - inmate sexual harassm. of female employees responsibility of prison to control
May 05, 2010 - Porter v Navy Dept - prevailing EEO plaintiff may sue for more attorney's fees
Apr. 26, 2010 - Dukes v Wal-Mart - 9th Cir - class certification upheld for 1.5 million female Wal-Mart employees alleging sex-discrim.
Apr. 21, 2010 - Chambers v Dept Interior - Fed Cir - park police chief statements on public safety issues were Whistleblower Act issues
Apr. 19, 2010 - Elam v Regions Financial - 8th Cir - fired pregnant bank teller with frequent need to abandon post not discrim. against
Apr. 16, 2010 - Pardo-Kronemann v Donovan - DC Cir - HUD attorney transferred to non-legal duties position; may be retaliatory
Apr. 13, 2010 - Hubbard v Detroit Public Schools - 6th Cir - fired school social worker w fecal incontinence not able to be accomodated
Apr. 08, 2010 - Collwell v Rite Aide - 3d Cir - under ADA shift change may be proper accomodation for clerk blind in one eye
Apr. 07, 2010 - Gratzl v Ofc Chief Judges - 7th Cir - court reporter with incontinence lacks ADA claim as she rejected accomodation
Apr. 01, 2010 - Whitten v Fred, Inc. - 4th Cir - sexual harass. claim revived as store manager had various powers over female assistant
Mar. 25, 2010 - Bamonte v Mesa - 9th Cir - police officers not entitled to pay for donning, doffing uniforms off premises
Mar. 25, 2010 - EEOC v Kelly Srvcs - 8th Cir - Muslim woman's headgear unsafe in printing shop legitimate non-discrim. reason
Mar. 24, 2010 - Smith v Xerox Corp - 5th Cir - despite Gross Title VII retaliation suit may use mixed-motive theory of liability
Mar. 23, 2010 - Haqq v Pa Dept Pub. Welfare - ED Pa - fired Muslim woman with full veil may pusue religious discrim. claim
Mar. 22, 2010 - Speck v Memphis - 6th Cir - no employer ADEA violation for nurse with unauthorized vacation during medical leave
Mar. 22, 2010 - Carmona v Southwest Airlines - flight attendant under FMLA w psoriatic arthritis fired for disability not absenteeism
Mar. 12, 2010 - Stockwell v City of Harvey - 7th Cir - city had legitimate, nonbiased reasons for not promoting 4 white firefighters
Mar. 04, 2010 - Fraternal Order of Police v Library of Cong - D DC - race bias but not age bias claim may proceed after Capitol Pol merger
Mar. 02, 2010 - Jackson v Cal-Western - 5th Cir - 69 yr old employee fired for sexual harass. did not show age discrim. as actual reason
Feb. 26, 2010 - Traxler v Multnomah Cnty - 9th Cir - under FMLA judge, not jury, should rule on front pay instead of reinstatement
Feb. 24, 2010 - Johnson v Napolitano (DHS) - D DC - race bias case may have influenced Secret Service to retaliate against spouse
Feb. 23, 2010 - Brown v Alabama Dept of Transp - 11th Cir - race bias shown in 3 of 9 non-promotions; recalculate jury award
Feb. 23, 2010 - Carreras v Sajo - 1st Cir - diabetic former employee's vision not impacted sufficiently as disability under ADA
Feb. 23, 2010 - Mora v Jackson Mem. Foun. - 11th Cir - ADEA case remanded as 'mixed motive' defense no longer applies after Gross
Feb. 22, 2010 - Cooper v FAA - 9th Cir - Privacy Act 'actual damages' encompasses nonpecuniary injuries like emotional distress
Feb. 19, 2010 - Gorzynski v JetBlue - 2d Cir - complaints to supervisor about his behavior sufficient for harrasment suit to proceed
Feb. 16, 2010 - Schuler v PriceWaterhouse - DC Cir - untimely ADEA non-promotion claims not revived by Ledbetter Act
Feb. 05, 2010 - Miller v Hersman (NTSB) - DC Cir - alleged gender discrim. case remanded as when employee knew of discrim. in doubt
Feb. 04, 2010 - Enyart v NCBE - ND Cal - visual aid software reasonable accomodation for legally blind to take bar exam under ADA
Jan. 28, 2010 - Young v Cov. & Burling - D DC - race discrim. claim by fired staff attny may proceed, but not non-promotion policy
Jan. 21, 2010 - Lewis v Heartland Inns - 8th Cir - not a pretty 'Midwestern girl' comment supports sex bias claim of fired employee
Jan. 15, 2010 - Serwatka v Rockwell Autom. - 7th Cir - Title VII mixed-motive claims don't apply to ADA discrimination suits
Dec. 30, 2009 - Schafer v Maryland Dept - 4th Cir - promotion of female minority as a 'done deal' warrants revival of bias claim
Dec. 29, 2009 - Czekalski v LaHood - DC Cir - lateral transfer of female senior FAA official not an adverse discrimatory action
Dec. 23, 2009 - Reeder v Wasatch Cnty - 2d Cir - non-proffered reason 'saving money' admitted by plaintiff, not violation of ADEA
Dec. 22, 2009 - Smith v Allentown - 3d Cir - despite Gross v FBL, employee must still provide evidence of age discrim. to prevail
Dec. 21, 2009 - Miller v Dept Interior - 2d Cir - despite Ledbetter Act employee's evidence for discrim/retaliaiotn is insufficient
Dec. 14, 2009 - Yant v U.S. - Fed Cir - Equal Pay Act not violated in pay differential between nurse practitioners & physician assists
Dec. 11, 2009 - Graffius v Dept VA - D DC - disabled employee showing for telecommuting accomodation is triable issue
Dec. 08, 2009 - Howe v Bank of Amer - Calif Ct App - requiring diferent identification standards for US citizens not discrimination
Dec. 04, 2009 - Corbitt v Home Depot - 11th Cir - alleged sexual comments/touchings not pervasive enough for hostile work envirn
Dec. 04, 2009 - Duch v Jakubek - 2d Cir - manager's supposed 'ignorance' of ongoing sexual harassment not a liability shield
Dec. 02, 2009 - Dukes v VA - D DC - disabled-vet must fully cooperate with required pre-placement medical examination
Dec. 01, 2009 - Anderson v Suburban Teamsters - 9th Cir - disability retirement pensions not protected by ERISA's anti-cutback rule
Dec. 01, 2009 - Winslow v FERC - DC Cir - prevailing employee in age bias suit not entitled to prejudgement interest - untimely filing
Nov. 30, 2009 - Gross v FBL Financial - 8th Cir - under ADEA employee, not employer, must show that but for his age caused demotion
Nov. 27, 2009 - Atkins v Dept Interior - 5th Cir - disability claim dismissed as admn remdies not exhausted - no EEOC final action yet
Nov. 25, 2009 - Becerril v Pima Cnty - 9th Cir - employee's temporomandibular disorder which limits talking/eating not ADA disability
Nov. 25, 2009 - HSBC Bank v NYC Hum Rgts Comm - SD NY - Fed bank laws don't preempt NYC Admn Code re: hiring arrested worker
Nov. 24, 2009 - Stouch v Irvington - 3d Cir - officrer fired as psychologically unfit did not establish his case for retaliation or bias
Nov. 19, 2009 - Fleming v Yuma Medical Cntr - 9th Cir - independent contractor w sicle cell anemia can sue for discrim under Rehab Act
Nov. 19, 2009 - Godfrey v Spano - NY Ct Appls - NY highest court upholds benefits for same-sex spouses of public employees
Nov. 19, 2009 - In re Golanski - 9th Cir - OPM ordered to enroll same-sex spouse of U.S. Court employee in Federal Health Benefits Prog
Nov. 13, 2009 - Porter v EPA - D DC - agency not required to approve out-of-state move as accomodation for disability
Nov. 10, 2009 - Kersey v WMTA - DC Cir - settlement agreement not permiting unpromoted employee to operate vehicle is not discrim.
Nov. 02, 2009 - Ragsdale v Holder - D DC - FBI employee denied advance annual leave has insufficient evidence for disabilitry claim
Oct. 28, 2009 - Kirleis v Dickie, McCamey & Chilcote - shareholder/director at law firm not an 'employee' under sex bias statutes
Oct. 23, 2009 - Barker v Riverside Cnty - 9th Cir - employee who complains doesn't have to be disabled to sue for retaliation under ADA
Oct. 21, 2009 - Stewart v Miss. Transp. Comm - 5th Cir - continuing sexual harassment not shown because of 16 mo. period of reassignment
Oct. 16, 2009 - Love v Motiva Ent. - 5th Cir - factory worker failed to show same-sex conduct was protected hrarassment not bullying
Oct. 16, 2009 - Velez v Thermo King - 1st Cir - proffered reason for firing older employee could be cons. pretextual; ADEA case remanded
Oct. 06, 2009 - Ekstrand v School Dist - 7th Cir - ADA may be violated by not transfering teacher w seasonal aff. disor. to room w more light
Oct. 05, 2009 - McBride v BIC Products - 2d Cir - fired chemical fume sensitive employee failed to establish that ADA accomodation possible
Sep. 23, 2009 - Risch v Royal Oak Police Dept - 6th Cir - proffered reson for non-promoting female officer could be pretextual; case remanded
Sep. 17, 2009 - Monteilh v AFSCME - DC - employee working outside DC to union headquarterd in DC may sue under DC job bias law
Sep. 16, 2009 - Gerlich v DOJ - D DC - some rejected job applicants alleging political activity discrim. may proceed w Privacy Act suit
Sep. 10, 2009 - EEOC v Go Daddy Software - 9th Cir - discrim. established by offending comments to non-promoted/fired Muslim sales rep
Sep. 10, 2009 - Mikula v Allegheny Cnty - 3d Cir - per Ledbetter Act back-pay isssue in sex discrimination case remanded
Sep. 08, 2009 - Sutherland v Missouri Dept of Corr - 8th Cir - offensive touching not affecting job does not create hostile environment
Sep. 08, 2009 - Fredrickson v UPS - 7th Cir - employee with leukemia not substantailly limited in major life activity under ADA
Sep. 08, 2009 - Aulicino v NYC - 2d Cir - triable issue exists re: white employee's claim of discrimination by black supervisor
Sep. 03, 2009 - Navab-Safavi v BBG - D DC - Iranian-born contractor may proceed w lawsuit charging retaliation by Voice of America
Aug. 28, 2009 - Betz v Chertoff (DHS) - 8th Cir - overworked, underpaid federal worker who quit failed to show intolerable conditions
Aug. 26, 2009 - Hunter v Valley View - 6th Cir - custodian placed on involuntary medical leave may have FMLA retaliation claim
Aug. 25, 2009 - Malloy v USPS - Fed Cir - AJ failed to consider medical evidence of mental illness in deciding if termination appropriate
Aug. 24, 2009 - Baker v Silver Oak - 8th Cir - dist. court erred as issues of fact exist on age discrimination & retaliation claims
Aug. 24, 2009 - Middleton v City of Chicago - 7th Cir - elimination of USERRA complaint deadline in 2008 was not retroactive
Aug. 21, 2009 - Tagore v US - SD Tex - Title VII preempts Religious Freedom Restor. Act - federal employee's wearing Sikh ceremonial sword
Aug. 21, 2009 - Sousa v Roque - 2d Cir - fired employee after many complaints of workplace violence may have free speech claim
Aug. 20, 2009 - Laouini v CLM Freight - 7th Cir - confirmation of fax to EEOC charging discrimination sufficient to raise issue of timely filing
Aug. 20, 2009 - Coffman v Indianapolis Fire Dept - 7th Cir - ADA not violated when female firefighter referred for psch eval. - job-related
Aug. 18, 2009 - EEOC v Boeing - 9th Cir - prima facie case of hostile work env. in disparate treatment of transferred & terminated female empl.
Aug. 11, 2009 - Jaksha v Butte Cnty - Mont Sp Ct - state's age restriction (under 35) on first-time firefighters is unconstitutional
Aug. 07, 2009 - Porter v Eire Foods - 7th Cir - appropriate action taken by employer in hangman's noose incident & hostile environ. claim

Compiled and maintained by Rick Mckinney,
Assistant Law Librarian, Federal Reserve Board Law Library
Last updated on September 1, 2010