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
42 U.S.C. § 206(d) - sex d - Equal Pay Act of 1963 - part of Fair Labor Standards Act
42 USC § 1981, 1981a et.. - Equal Rights Under Law - Damages for Intentional Empl. 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 Information Non-discrimination Act of 2008 (PL 110-233)
29 U.S.C. § 791 et seq..... - Rehabilitation Act of 1973 - Disabled Rights - Sec. 501,505,508
...See also:
29 U.S.C. § 2601 et seq... - Family & Medical Leave Act
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

 

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

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 colaborate 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.

Oct. 01. 2013 - EEOC v Abercrombie & Fitch - 10th Cir - rejected Muslim job applicant with head scarf failed to ask for religious accommodation of employer's "look policy"

Sep. 18, 2013 - Bland v Roberts - 4th Cir - fired employees' support for candidates on Facebook is protected speech, like putting a sign in ones front yard

Sep. 16, 2013 - Feist v Louisiana - 5th Cir - knee injured employee denied request for designated parking spot does not have show request was tied to essential job function

Sep. 12, 2013 - Blackard v Livingston Parish - MD La - fired employee with bipolar, anxiety, attention deficit & hyperactivity disorders is not ADA disabled as the disorders do limit major life activities

Sep. 06, 2013 - Ingram v Faruque (VA) - 10th Cir - federal employee detained involuntarily in psychiatric facility for threatening to kill boss can sue VA, but not the doctors

Aug. 12, 2013 - Cobb v City of Roswell - 11th Cir - police chief's desire for "fresh" ideas doesn't show age discrimination

Aug. 09, 2013 - Sharp v Aker Plant Services - 6th Cir - supervisor's taped remarks about retirement prospects of employees reflects possible age bias; summary judgment remanded

July 31, 2013 - Adeyeye v Heartland - 7th Cir - discharged employee who took unauthorized funeral leave may have religious disrimination claim

July 26, 2013 - Benes v AB Data - 7th Cir - employee fired for "shove it" remarks during EEOC-sponsored mediation is not retaliatory

July 16, 2013 - Luevano v Wal-Mart - 7th Cir - harassment complaint using generic court form sufficient for 90 day EEOC suit deadline

July 02, 2013 - Mort. Bankers Assn v Harris - DC Cir - DOL decision on overtime for loan officers vacated as notice-and-comment needed

July 02, 2013 - Carter v Toyota - 6th Cir - in summary judgment discrimination claimant need only rebut proffered reason, not show discrimination

Jun. 26, 2013 - U.S. v Windsor - Sp Ct - Defense of Marriage Act is ruled unconstitutional in its discrimination against same-sex couples

Jun. 24, 2013 - Vance v Ball State U - Sp Ct - if harasswing boss can't fire/promote/transfer then not real supervisor & employer not liable

Jun. 24, 2013 - U Tex SW v Nassar - Sp Ct - employees must have "but for" cause in alleged retaliation for complaining about discrimination

Jun. 20, 2013 - AID v Alliance for Open Society - Sp Ct - gov. laws & programs can't require recipients to promote certain policies - 1st Amdt

Jun. 14, 2013 - Ridout v JBS USA - 8th Cir - treating comparators more leniently revives age discrim. complaint by fired manager

Jun. 10, 2013 - Oxford Health Plan v Sutter - Sp Ct - a federal court can not overturn an arbitrator's decision even if it is wrong

May 30, 2013 - EEOC v Houston Funding - 5th Cir - employee fired for wanting to lactate at work is a Title VII sex discrim. violation

May 23, 2013 - Rashad v WMATA - D DC - Muslim legal secretary lacks bias claim as employer granted religious accommodation

May 17, 2013 - Evans v Sebelius (HHS) - DC Cir - proffered reason for not promoting black Federal employee was inconsistent

May 07, 2013 - Nat'l Ass'n Manuf. v NLRB - DC Cir - NLRB rule requiring the posting of NLRA rights violates employers' free speech

Apr. 17, 2013 - Zertuche v Santa Clara Cnty - ND Cal. - retaliation after complaining about ethics of boss's office romance is free speech issue

Apr. 10, 2013 - Fama v Design Assistance Corp. - 3d Cir - penalties affirmed in not notifying former employee of COBRA health insurance

Apr. 09, 2013 - Clo v Indianapolis - 7th Cir - firing worker with MS may have violated ADA, but no accomodation delay found

Apr. 05, 2013 - Ayissi-Etoh v Fannie Mae - DC Cir - triable race discrimination claim found with bosses use of racial slurs

Mar. 29, 2013 - Brown v City of Jacksonville - 8th Cir - fired employee not retaliated against as employee was underperforming & unprofessional

Mar, 29, 2013 - Hall v City of Chicago - 7th Cir - triable hostile work enviro. exists as female worker isolated, menial tasked & verbally abused

Mar. 21, 2013 - Parisi v Goldman Sachs - 2d Cir - employee's sex discrimination claim must be arbitrated per agreement; no right to class action

Mar. 08, 2013 - Vaughn v Vilsack (USDA) - 7th Cir - actions against employee for sex harassment not retaliation for past discrim. complaints

Mar. 04, 2013 - McMillan v City of NY - 2d Cir - timely arrival not necessarily essential job function for fired schizophrenic worker

Feb. 28, 2013 - Yassan v JP Morgan Chase - 7th Cir - lying about reason for termination still doesn't invalidate signing ADEA release

Feb. 25, 2013 - Moore v Napolitano (DHS) - D DC - black secret service agents certified as a class in race bias lawsuit against gov.

Feb. 13, 2013 - Wood v Satcom Mktg - 8th Cir - fired employee who complained about mandatory direct deposit has no retaliation claim

Feb. 13, 2013 - Ryan-White v Blank - D DC - converting Federal employee to intermittent status after complaint is an adeverse action

Feb. 12, 2013 - Young v HUD - Fed Cir - discharged worker who allegedly threatened others not given due process

Feb. 08, 2013 - Milton v Texas Dept - 5th Cir - scent sensitivity not an ADA eligible disability if it can be mitigated by avoidance

Feb. 05, 2013 - Dyson v DC - DC Cir - filling out EEOC intake questionare not enough for end of 300 day tolling in sex harrasment claim

Jan. 17, 2013 - Sims v MVM - 11th Cir - 71 yr old RIFed worker could not show that age was the "but for" cause under ADEA

Jan. 15, 2013 - Miller v Countrywide - 6th Cir - class certification denied as no uniform discrim. policy identified per Walmart decision

Jan. 09, 2013 - Young v UPS - 4th Cir - neutral light duty policy excluding pregnant women per se is not discriminatory

Jan. 02, 2013 - Taylor v Geithner - 6th Cir - Federal workers can't sue government for breach of Title VII discrimination settlement


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

Last updated on March 4, 2014