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 - 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
HireDiversity.com - diversity recruitment


Recent Selected EEO Court Opinions

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

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 dismmised 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

July 28, 2014 - Green v Donahoe (USPS) - 10th Cir - being placed on unpaid leave is a materially adverse action & supports employee's claim of retaliation after making discrimination claims

July 23, 2014 - Cox v Onondaga Cnty Sheriff's Dept - 2d Cir - five white officers were threatened with discplinary action for filing allegedly false racial harassment charges with EEOC, case won't proceed

Jun. 27, 2014 - Hildebrand v Allegheny Cnty - 3d Cir - age discrimination claim of government employee must be made under Age Discrimination in Employment Act not sec. 1983

Jun. 18, 2014 - Jarvela v Crete Carrier - 11th Cir - Am Disability Act not violated in termination of a truck driver with a diagnosis of alcoholism, even one who has undergone treatment & is six months certified

Jun. 10, 2014 - Bauer v Holder - ED Va - FBI's gender-normed physical fitness test discriminates against male trainees in violation of Title VII

May 23, 2014 - Velazquez v Developers Diversified Relaty - 1st Cir - employer may be liable for negligence in firing regional manager orchestrated by a jilted HR manager

May 07, 2014 - Jones v City of Boston - 1st Cir - disparate impact of city drug test on black police officers was discrimanatory under Title VII

Apr. 29, 2014 - Freeman v Dal-Tile Corp. - 4th Cir - third-party sexual harassment by customer is discriminatory under Title VII as employer long delayed any action

Apr. 28, 2014 - McCarthy v City of Eagan - D Minn - ADA requested disability accomodation over third pregnancy was rejected as it was for financial concerns not medical

Apr. 24, 2014 - Stockwell v San Francisco - 9th Cir - reinstates class claim by over-40 police officers denied promotion when the city scrapped results of its 1998 promotional exam

Apr. 10, 2014 - Finkle v Howard Cnty - D Md - rejected transsexual applicant (to county's volunteer police mounted unit) may pursue sexual bias claim

Apr. 09, 2014 - EEOC v Kaplan Higher Ed - 6th Cir - employer may consider an applicant's credit history when hiring as a racially disparate impact was not reliably shown by expert witness & methods

Apr. 08, 2014 - EEOC v Baltimore Cnty - 4th Cir - requiring older workers hired for County jobs to pay higher retirement contributions than younger workers hired at the same time violates ADEA

Mar. 31, 2014 - Terveer v Billington - D DC - gay ex-worker at Library of Congress can pursue religious and sex discrimination claims

Mar. 26, 2014 - Samson v Federal Express - 11 Cir - applicant, who because he was insulin dependent, was denied a mechanic position that also test-droved trucks, may have disability discrimination claim

Mar. 25, 2014 - Parado v Banco Industrial - 2d Cir - employee may be ADA disabled if she can prove she can sit for no more than 10 to 15 minutes

Mar. 07, 2014 - Koch v White - DC Cir - SEC employee's refusal to submit medical records for disability claim means he failed to exhaust admin. remedies; summary judgement upheld

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 10, 2015