Federal Equal Employment Opportunity
Laws, Cases, and Resources

Part of 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

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 Part 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 discrim. 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 discrimatory 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 controbutions 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 disibility discrim. 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

Feb. 19, 2014 - Shazor v Prof. Transit Mgmt. - 6th Cir - fired black female CEO has triable claims after Hispanic woman takes her job (outside her protected classes)

Jan. 31, 2014 - Williams-Booldware v Denton Cnty - 5th Cir - prompt penalty & diversity training reverses racial harassment claim by black DA concerning 3 incidents by one white DA

Jan. 28, 2014 - Ballard v Chicago Park Dist. - 7th Cir - FMLA leave applies to caring for terminally ill mother even for trip to Las Vegas

Jan. 13, 2014 - Rester v Stephens - 8th Cir - female employee who quit after being yelled at and physically restrained by supervisor was not sex discrim. as no termination, pay loss, or duties changed

Jan. 13, 2014 - Spurling v C&M Fine Pack - 7th Cir - employer did not collaborate with employee to find accommodation for employee's narcolepsy

Jan. 06, 2014 - Matusick v Erie Cnty - 2d Cir - white worker with black fiancee proves (2-1 decision) intimate association discrimination claim under 12 USC 1983

Jan. 03, 2014 - Schlottman v. Perez - DC Cir - Fed. employee should have filed timely with EEOC & within its 15 day Title VII time limit not with MSPB & its 65-day time limit

Dec. 17, 2013 - Perry v City of NY - SD NY - claims by FDNY workers for uncompensated time spent before and after shift suvives dismissal

Dec. 17, 2013 - Burton v Arkansas - 8th Cir - Title VIII equal protection clause provides no basis for retaliation claims of qualified immunity under 42 USC 1983

Dec. 13, 2013 - Cook & Shaw Foun. for Black Employees v Billington (Lib of Cong) - DC Cir - Title VII protects employees not employee groups that assist in discrim. cases

Dec. 12, 2013 - Reynolds v Tangherlini (GSA) - 7th Cir - although youngest applicant was promoted, age discrimination claim denied as youngest also had better interpersonal skills

Dec. 03, 2013 - Hagen v City of Eugene - 9th Cir - transferred police officer's complaints on safety issues was in his official capacity and not free speech

Nov. 26, 2013 - Debord v Mercy Health Sys. - 10th Cir - termination of female employee upheld for complaining about supervisor's alleged sexual harrassment on social media rather than to company

Nov. 25, 2013 - in re Fonberg - 9th Cir - OPM's denial of health benefits to same-sex domestic partner (not spouse) is against Oregon partners law; back pay awarded

Nov. 21, 2013 - Royal v CCC&R - 5th Cir - fired after 4 days, female employee may have retaliation claim for reporting sexual harassment (it is severe "or" pervasive; not severe "and" pervasive)

Nov. 20, 2013 - Farh v A-1 Careers - D KS - Islamic worker who was told to have his noon-time prayers said off-site (not the lobby) was not discriminated against

Nov. 18, 2013 - Sayger v Riceland Foods - 8th Cir - a laid off white employee was engaged in protected activity when confirming the complaints about a supervisor's racist language

Nov. 15, 2013 - Litzman v NYC Police Dep't - SD NY - NYPD's no-beard policy violates Orthodox Jewish officer's faith & Constitutional rights

Nov. 13, 2013 - Tagore v U.S. - 5th Cir - IRS agent fired for wearing Sikh religious sword may have religious discrim. claim under Religious Freedom Restor. Act which requires individualized assessmemt

Nov. 07, 2013 - Mitter v Cnty of Dupage - ND IL - sheriff's office may be liable for disability discrim. for firing perfume allergic nurse & for not stopping coworkers from planting bleach & strong air fresheners

Nov. 06, 2013 - Sutherland v Shiseki (VA) - D MN - fired epileptic may have disability claim against VA because she informed supervisor one day before being fired

Nov. 05, 2013 - Metroka-Cantelli v USPS - ND Ohio - firing pregnant employee before due date gives rise to FMLA violation claim

Oct. 29, 2013 - Yusif v Landers McClarty Olathe - D KS - "perceived" discriminatory class, rather than being one, not found in Title VI for discharged employee

Oct. 25, 2013 - Rosenblum v Thomson Reuters - SD NY - fired whistleblower doesn't need to notify SEC for protection after internally reporting suspected insider trading re: early releases of a publication

Oct. 16, 2013 - Scott v Family Dollar - 4th Cir - Court allows female employees to amend their complaint to meet commonality requirement for class certification per Wal-mart v Dukes.

Oct. 10, 2013 - Mullin v Temco Machinery - 7th Cir - firing a 56 year old, experienced, relatively successful salesman and hiring two younger inexperienced ones raise triable age discrimination claim

Oct. 07, 2013 - EEOC v Peoplemark - 6th Cir - continued litigation after discovering that the defendant did not have a policy of not hiring felons was unreasonable & warranted award of attorney & expert fees

Oct. 07, 2013 - Nguyen v U. of Tex. Law Sch. - 5th Cir - Asian worker has no discrim. claim about complying with "Texas business culture" like looking at people in the eye, showing interest, etc.

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

Last updated on December 17, 2014