Federal Equal Employment Opportunity
Laws, Cases, and Resources

Part of the research materials on LLSDC's Legislative Source Book


Federal Equal Employment Opportunity Laws

29 U.S.C. § 621 et seq..... - Age Discrimination in Employment Act (ADEA)
42 U.S.C. § 12101 et seq. - Americans with Disabilities Act (ADA)
42 U.S.C. § 206(d) - sex d - Equal Pay Act of 1963 - part of Fair Labor Standards Act (FLSA)
42 USC § 1981,1981a et.. - Equal rights under law / damages for intentional employ. discrim.
42 U.S.C. § 2000d et seq. - Federally Assisted Programs - no discrm. - Title VI Civil Rights Act
42 U.S.C. § 2000e et seq. - Federal Equal Employment Opportunity - Title VII of Civil Rights Act
42 U.S.C. § 2000ff et seq. - Genetic Info. Nondiscrimination Act of 2008 (GINA - PL 110-233)
29 U.S.C. § 791 et seq..... - Rehabilitation Act of 1973 - Disabled Rights - Sec. 501,504,505,508
See also:
29 U.S.C. § 2601 et seq... - Family and Medical Leave Act (FMLA)
5 USC 1201 / 2301 et seq - Fed. employee whistleblower protectns (PL 112-199) | related laws
38 U.S.C. § 4301 et seq... - Uniform Services Employment and Remploy. Rights Act (USERRA)
U.S. Code Classification Tables (to verify currency of above U.S. Code cites)

 

Congressional Research Service Reports

 

Government Resources

Equal Employment Opportunity Commission - Newsroom - Posters - Q & A

 

Non-Government Resources

Affirmative Action and Diversity Project - University of California at Santa Barbara
Downside of Diversity - August 5, 2007, Boston Globe article
EEO Blogs - News Hub by Biddle Consulting Group Inst. for Workforce
HireDiversity.com - diversity recruitment

 

Recent Selected EEO Court Opinions

Daily Developments in EEO Law (by Outten & Golden)

Results for "EEOC" on Justia.com (sort by "date" order for recent cases)

PLOI.org (search case law, typing in terms)


Jan. 19, 2016 - Bonenberger v. St. Louis Metro Police - 8th Cir - white officer not selected for position of same pay & rank still suffered racial discrimination in "material working conditions" gets $620,000

Jan. 11, 2016 - Bauer v. Lynch - 4th Cir - FBI male trainee who failed physical fitness test by not performing 30 push-ups has no sex discrim. claim even though female candidates only perform 14 push-ups as physiological differences among men & women impact their same levels of fitness

Jan. 04, 2016 - EEOC v. AutoZone - 7th Cir - under ADA jury must decide whether heavy lifting is a fundamental duty of an employee fired with lifting restrictions

Dec. 29, 2015 - Posteraro v. RBS Citizens, N.A. - D NH - under ADA bank is not required to establish a position requiring no public contact in order to accommodate an employee with PTS disorder

Dec. 29, 2015 - Buntin v. City of Boston - 1st Cir - under sec. 1981 there is no need to exhaust administrative remedies for race discrimination claim

Dec. 22, 2015 - Busey v. Richland Sch. Dist. - ED Wash - school superintendent having extramarital affair with teacher fired w/o due process & pre-termination hearing will go to trial for marital discrim.

Dec. 17, 2015 - EEOC v. CVS Pharmacy - 7th Cir - sum. judgement upheld as EEOC hadn't attempted conciliation before suing CVS for its severance agreement as possibly interfering with civil rights

Dec. 15, 2015 - EEOC v. Costco - ND Ill - by not adequately addressing a female employee's complaints of stalking by a customer Costco must go to trial re: sexually hostile work environment

Dec. 10, 2015 - Brandon v. Sage Corp. - 5th Cir - a coworker's threat to reduce an employee's pay for hiring a transgendered employee is not an adverse employment action as she didn't have that authority

Dec. 07, 2015 - Casey v. HHS/DoD - 1st Cir - sum. judgement granted to agency in gender discrim. discharge suit as nurse was employed by a contractor even though reported to a federal employee

Nov. 30, 2015 - Villarreal v. R.J. Reynolds Tobacco - 11th Cir - older job seekers for sales positions, not just employees, may bring disparate impact claims under ADEA as company's guidelines targeted hires with just 2-3 years out of college

Nov. 18, 2015 - Ortiz v City of San Antonio Fire Dept - 5th Cir - GINA discrimination claim dismissed as a required wellness program collecting blood & urine samples & chest X-rays is not genetic info

Nov. 18, 2015 - Faush v. Tuesday Morning, Inc. - 3d Cir - staffing co. employee may be able to sue retail store he was assigned for racial discrim. as retailer closely supervised employee

Nov. 02, 2015 - Drescher v. Clinton City - D Utah - although not in formal charge, descriptions in EEOC intake questionnaire & addendum are sufficient to pursue sexual harassment & retaliation charges by fired female firefighter under Holowecki loosened standards

Oct. 22, 2015 - McMahon v. Univ. of Michigan - ED Mich - ADA claim may proceed in failure to accommodate injured employee's lifting restrictions & placing her on disability leave for more than 2 years

Oct. 21, 2015 - Huri v. Circuit Ct of Cook Cnty - 7th Cir - Muslim woman has possible religious discrimination/harassment claim after being called evil at work and drawn into a Christian prayer circle

Oct. 14, 2015 - Smith v. URS Corp. - 8th Cir - former U.S. Army contractor employee has possible bias claim for racially disparate treatment in pay; summary judgement reversed

Sep. 30, 2015 - Sun v. D.C. Govn't - D DC - naturalized Chinese-born immigrant has no ethnic discrimination claim for being fired due to her unauthorized practice of the law

Sep. 09, 2015 - EEOC v. Sterling Jewelers - 2d Cir - judicial review of EEOC's pre-investigations before suit is limited as EEOC has expansive discretion in this regard

Sep. 04, 2015 - EEOC v Freeman - D Md - EEOC owes nearly $1 million in attorneys fees for pursuing disparate impact case against a firm that does background checks w/o statistical evidence

Sep. 01, 2015 - Tridico v D.C. - D DC - Catholic police officer established claim of retaliation & hostile work environment by being called "weirdo" for his beliefs

Aug. 19, 2015 - Zamora v City of Houston - 5th Cir - sufficient evidence established in "cat's paw" retaliation for race discrimination complaints even under "but for" requirements

Aug. 12, 2015 - Jones v SEPTA - 3rd Cir - plaintiff lacks sex discrimination claim as paid suspension is not an adverse action under Title VII

Aug. 12, 2015 - Barr v Board of Univ. Trustees - since first suit against university alleging retaliation not served within 120 days was barred, second suit against its trustees also barred per res judicata

Aug. 03, 2015 - Littlejohn v City of NY - 2d Cir - in retaliation, an EEO director engages in protected activity when she complains about general workplace discrimination but other claims dismissed

July 24, 2015 - Maggio v Wis. Ave. Psychiatric - DC Cir - sex discrim. claim by male employee denied equitable tolling as he did not include new address on EEOC form & c/o to attorney disregarded

July 16, 2015 - Goudeau v Nat'l Oilwell Varco - 5th Cir - 57 year old former employee has triable age bias case for being called "old fart" by supervisor among other complaints

July 07, 2015 - Phipps v Wal-Mart - 6th Cir - subset of the 1.5 million female Wal-Mart employees rejected by the Supreme Court as a class can proceed with their gender discrimination claim

Jun. 30, 2015 - Stewart v Rise, Inc. - 8th Cir - black female supervisor has a harassment claim against her employer for permitting her Somali-born subordinates to create a hostile work environment

Jun. 23, 2015 - Harris v DC WASA - DC Cir - reversed summary judgement for defendant as retaliation claims of race bias and job elimination sufficiently alleged

Jun. 09, 2015 - Miller v St. Joseph Cnty - 7th Cir - although black plaintiff received adverse employment actions he lacked evidence linking those actions to his race; summary judgement affirmed

Jun. 08, 2015 - Kinhaid v Anderson - WD Va - claim of sexual and & anti-Catholic bias and harassment survives summary dismissal.

Jun. 04, 2015 - Stern v St. Anthony's Health Ctr. - 7th Cir - fired employee with short-term memory deficiencies has no ADA claim as evidence not shown that he could perform job

Jun. 01, 2015 - EEOC v Abercrombie & Fitch - Sp Ct - failure to hire Muslim with a head scarf as not in keeping with dress policy violates Title VII & its stipulation to accommodate religious practices

May 21, 2015 - Foster v Univ. of Md.-E. Shore - 4th Cir - summary judgement reversed in part as mixed-motive pretextual retaliation differs from but-for cause in the Supreme Court Nasar case.

May 12, 2015 - Ashbey v Archstone Property Mang - 9th Cir - signed acknowledgement form waives right to litigate under Title VII, must undergo arbitration

May 07, 2015 - Wheat v Fifth Third Bank - 6th Cir - black employee has triable discrimination claim for being fired after spat with white employee who was not fired; remand

May 07, 2015 - Boyer-Liberto v Fontainebleau Corp - 4th Cir - black employee complaining of twice being called a "porch monkey" by supervisor has triable claim for harassment & retaliation

May 01, 2015 - EEOC v Union Pacific Railroad - ED Wis - held that EEOC has subpoena authority even if private suits filed or scope widened

Apr. 29, 2015 - Mach Minning v EEOC - Sp Ct - adequacy of EEOC's mandatory conciliation efforts before suit is reviewable but narrow with EEOC only having to give notice and attempt a discussion

Apr. 22, 2015 - EEOC v New Breed Logistics - 6th Cir - retaliation for sexual harassment complaint made orally upheld under cat's paw liability as biased supervisor influenced decision maker

Mar. 26, 2015 - Texas v U.S. - ND Tex - Court stays Labor Dept. final rule expanding same-sex couples' FMLA rights regardless of state of residence

Mar. 25, 2015 - Young v UPS - Sp Ct - In a 6-3 ruling Court held that employer may violate Pregnancy Discrimination Act by denying light duty to pregnant worker that was given to other disabled workers

Mar. 16, 2015 - EEOC v Beverage Distribs. Co. - 10th Cir - under ADA employer need only prove that it believed job would entail a direct threat to safety by a blind former employee not proof that he was

Mar. 12, 2015 - Jacobs v N.C. Admin. Office of the Courts - 4th Cir - fired employee with social anxiety disorder has triable ADA claim as it substantially limits a major life activity

Mar. 09, 2015 - Walz v Ameriprise Financial - 8th Cir - fired bipolar worker has no ADA or failure to accommodate claim as employer was not aware of disability, only her behavior

Feb. 20, 2015 - EEOC v Freeman - 4th Cir - an expert's testimony in on how criminal background & credit history checks shows disparate impact is clearly unreliable thus summary judgement is sustained for the defendant

Feb. 13, 2015 - EEOC v Allstate Insurance - 3d Cir - No retaliation found in Allstate's release of employees to become independent agents in exchange for a signed waiver of all claims

Feb. 05, 2015 - Hilde v City of Evelth - 8th Cir - age bias may be inferred to someone who was passed over for promotion as police chief due to being retirement eligible

Jan. 28, 2015 - Yeager v FirstEnergy - 6rh Cir - refusing to hire someone who has religious objections to providing a Social Security No. is not discriminatory when accommodation would violate Federal law

Jan. 21, 2015 - DHS v MacLean - Sp Ct - in removal of a TSA marshal, prohibiting disclosure of sensitive info by rule does not preclude whistleblower protections in which exception must be "by law"

Jan. 20, 2015 - Holt v Hobbs - Sp Ct - AR Dept of Corrections ban on all beards discriminates against certain religious practices without compelling state interest or least restrictive means

Jan. 07, 2015 - Magee v Hamline Univ. - 8th Cir - 42 USC 1981 claim by fired, black female professsor, is dismised as basic claims had already been heard in her 42 USC 1983 case (res judicata)

Jan. 06, 2015 - Howard v Pritzker (DoC) - DC Cir - 28 USC 2401(a) 6 year time limit to sue gov. is preempted for Federal employees by the more elastic Title VII admin. provisions in 42 USC 2000e-16(c)

Compiled and maintained by Rick McKinney, Assistant Law Librarian, Federal Reserve Board Library

Please email your questions or comments to the Legislative SIS.

Last updated on January 30, 2015