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)


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 enployee 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)

Dec. 17, 2014 - Turley v ISG Lackawanna - 2d Cir - a punitive damage award of $5 million for severe racial harassment of a black employee is declared arbitrary & must be reduced

Dec. 12, 2014 - Assoc. Builders v Shiu (DOL) - DC Cir - DOL's final rule mandating federal contractors hire 7% from qualified disabled laborers is reasonable interpretation per Chevron

Dec. 10, 2014 - Arizona v Aguilar - 9th Cir - $300,000 punitive damages for sexual harassment of plaintiff doesn't violate employer's due process rights even though actual harm assessed at $1

Dec. 04, 2014 - Noel v AT&T - 8th Cir - court finds that employee with diabetes, who resigned, was not forced to quit because of his disability nor did anyone ask him to do so

Dec. 02, 2014 - Richard v Swedish Match - 8th Cir - male employee's allegation of nipple-squeezing by male supervisor not enough for harassment & to show actions based on sexual desire

Nov. 24, 2014 - Waed v Jewell - 10th Cir - Interior Dept. employee failed to show causal link between adverse action and complaints made some three or more years ago

Nov. 06, 2014 - EEOC v Royal Caribbean - 11th Cir - admin. subpoena for all employees discharged for medical reasons, including foreign nationals, was denied as burdensome & likely irrelevant to U.S. law

Oct. 20, 2014 - Perret v Nationwide Ins - 5th Cir - judgement reversed as no constructive discharge discrimination found in placing employees who later resigned on performance improvement plans

Oct. 07, 2014 - Tramp v Assoc. Underwriters - 8th Cir - RIF's to reduce health insurance premiums may have been but-for age discrimination proxy in termination of a 65+ employee

Sep. 29, 2014 - EEOC v Port Authority of NY/NJ - 2d Cir - lower court affirmed as EEOC failed to establish that female attorneys actually performed similar job duties as male attorneys

Sep. 05, 2014 - Delaney v. Bank of America - 2d Cir - 56 year old RIF'd employee due to "poor performance" can't show a "but-for" age discrimination cause

Sep. 02, 2014 - Scheick v Tecumseh Public Schools - since plaintiff said that the superintendent on three occasions stated that they wanted a younger person for principal the case is remanded

Aug. 26, 2014 - Davis v Fort Bend Cnty - 5th Cir - sum. judgement for defendant on religious discriminatn remanded when employee fired after unexcused absence to serve in a Sunday food service

Aug. 11, 2014 - Rosario v Am. Soc'y of Safety Eng'rs - ND Ill - fired employee's report of a bias claim she did not believe in sinks her Title VII protection

Aug. 01, 2014 - Mulrain v Castro (HUD) - DC Cir - black attorney not discriminated against when white attorney was promoted into a new position to retain a "superstar" as qualifications never compared

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 August 26, 2015