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 protections (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

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

Federal Civil Rights Statutes: A Primer

Genetic Information Nondiscrimination Act of 2008 (GINA)

Pay Discrimination Claims Under Title VII of the Civil Rights Act

Religion in the Workplace: Legal Analysis of Title VII...

Section 504 of the Rehabilitation Act of 1973

Sexual Harassment: Developments in Federal Law

Sexual Orientation and Gender Identity Discrimination in Employment

 

Government Resources

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

- - - Laws & Guidance - 29 C.F.R. Parts 1600-1699

Census Bureau - Equal Employment Opportunity Tabulation Data

Dept. of Justice - Civil Rights Division | Civil Rights Complaints | Equal Employment Oppor. Ofc

Department of Labor EEO Programs - Summary of Law Poster - Whistleblower protections

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 - August 5, 2007, Boston Globe article

EEO Blogs - News Hub by Biddle Consulting Group Inst. for Workforce

Equal Employment Opportunity Law - EEOLaw.com

Equal Employment Opportunity - Google Books

HireDiversity.com - diversity recruitment

Insight Into Diversity (eeo magazine)

Leadership Conference on Civil Rights - Equal Opportunity

Multicultural Advantage - Federal EEO laws and other resources

Understanding Prejudice - 10 Myths about Affirmative Action

 

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)

RAVEL (search EEOC or other terminology and see relevant cases in a time grid)

 

Mar. 10, 2016 - Formella v. Brennan - 7th Cir - white officer denied transfer can't show reverse discrimination w/o evidence of background circimstances

Mar. 07, 2016 - Conn v. Am. Natl Red Cross - D DC - although the Red Cross has a Federal charter whatever sovereign immunity it may have doesn't insulate it from damages for age or disability discrim.

Feb. 26, 2016 - Crawford v. Johnson (DHS) - D DC - black security officer failed to exhaust admin. remedies as he failed to amend his race discrimination charges to the EEOC even though he put it into attachments to the complaint

Feb. 23, 2016 - King v. CVS - ND Ala. - fired 65 year old pharmacist was discrimanted against for age and awarded some $1.23 million but not monies for lost life insurance as he hadn't yet died

Feb. 22, 2016 - Quigg v. Thomas Cnty Sch. Dist. - 11th Cir - sum. judgement reversed in part for female assistant superintendent as enough evidence presented for mixed-motive bias claim

Feb. 16, 2016 - Village of Freeport v. Barrella - 2d Cir - promotion of white Hispanic over a white candidate as police chief may violate Civil Rigts Act; dist. court sum. judgement overturned

Feb. 02, 2016 - Deets v. Massman Constr. Co. - 7th Cir - construction worker allegedly fired because he was told "minority numbers aren't right" has reverse discrimination case & can go to trial by jury

Jan. 29, 2016 - Fairchild v. All Amer. Check Cashing - 5th Cir - pregnant worker fired 2 months after learning of pregnancy lacks bias claim as proximity in time alone is insufficient to prove pretext

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. 28, 2015 - Liebman v. Met Life - 11th Cir - sum. judgement to defendant was an error in age discrimination case as replacement was 7 years younger even though over 40

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

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 March 30, 2015