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 - see also ADA Amdts Act of 2008
42 U.S.C. § 206(d) sex ds - Equal Pay Act of 1963 - part of Fair Labor Standards Act
42 U.S.C. § 1981, 1981a - Equal Rights Under Law - Damages for Intentional Empl. Discrim.
42 U.S.C. § 2000d et seq. - Federally Assisted Prog's - no discrm. - Title VI of Civil Rights Act
42 U.S.C. § 2000e et seq. - Federal Equal Employment Oppor. - Title VII of Civil Rights Act
42 U.S.C. § 2000ff et seq. - Genetic Information Non-discrimination Act of 2008 - (GINA)
29 U.S.C. § 791 et seq. - Rehabilitation Act of 1973 - Rights of Disabled- Sec. 501,505,508
29 U.S.C. § 2601 et seq. - Family and Medical Leave Act of 1993 (FMLA)
38 U.S.C. § 4301 et seq. - Uniform Services Empl. & Reemployment Rights Act (USERRA)
U.S. Code Classification Tables (to verify currency of above USC cites - Ledbetter Act of 2009)

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
Family and Medical Leave Act: Current Legislative and Regulatory Activity
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...
Sexual Harassment: Developments in Federal Law

Federal Agency Resources
Census Bureau - Equal Employment Opportunity Statistics
Department of Justice - Civil Rights Division - Civil Rights Complaints - EEO Office
Department of Labor EEO Programs - EEO Law Summary Poster - Affirmative Action
Equal Employment Oppor. Comm. - EEO Laws - Q&A - Poster - 29 CFR 1600+
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 - Boston Globe article, August 5, 2007
Equal Employment Opportunity Law - EEOLaw.com
Equal Employment Opportunity - Google Books
HireDiversity.com - diversity recruitment
Insight into Diversity (formerly Affirmative Action Register)
Leadership Conference on Civil Rights - Equal Opportunity
Multicultural Advantage - Federal EEO laws and other resources
Understanding Prejudice - 10 Myths about Affirmative Action

Recent Selected Court Opinions
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 & unprofes.
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 discrim. 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 ADA 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 - 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 govn't for breach of Title VII discrimination settlement

Dec. 21, 2012 - Rivera v Rochester - 2d Cir - name-calling harassment claim by Hiapanic & Black workers may proceed, but not retaliation
Dec. 21, 2012 - Nelson v Knight - Iowa Sp Ct - female dental assistant fired for being too alluring has no gender discrim. claim
Dec. 17, 2012 - Dixon v Univ. of Toledo - 6th Cir - HR official opining in newspaper on HR policy matters has no free speech claim
Dec. 07, 2012 - Gillard v Georgia Dept - 11th Cir - fired employee who failed to return after FMLA leave has no disability discrim. claim
Nov. 29, 2012 - Weeks v State of Kansas - 10th Cir - fired general counsel was only doing job in advising about disrimination allegations
Nov. 21, 2012 - Brown v Advocate South Hosp. - 7th Cir - no evidence but non-racial name calling doesn't support race bias/retaliation claims
Nov. 19, 2012 - Ambris v Cleveland - ND Ohio - fired lesbian official not a member of a protected class 42 USC 1983
Nov. 16, 2012 - Salazar v Sears - 5th Cir - firing homosexual employee for sexual harassment upheld even if Title VII not strictly violated
Nov. 14, 2012 - EEOC v McPherson Co. - ND Al - repeated vulgar language insufficient to establish same-sex harassment Title VII violation
Nov. 13, 2012 - Russell v Geithner (Treas Dept) - SD Ohio - employee caring for autistic child has no bias, retaliation, harassment claim
Oct. 30, 2012 - Ernst v BofA - SD Cal. - older, rejected job applicant may have disparate impact class claim under ADEA
Oct. 17, 2012 - EEOC v Baltimore Cnty - D Md - ADEA violated by requiring older workers to contribute higher percentage of salaries
Oct. 15, 2012 - Hill v Pine Bluff - 8th Cir - female employee who didn't get salary of retired worker lacks bias claim; senority/responsib. differ
Oct. 04, 2012 - Povey v City of Jeffersonville - 7th Cir - wrist injured employee, fired for inability to do job, not regarded as disabled
Oct. 01, 2012 - Fossesiguarani v Bridgeport - D Conn - fire commissioner's disparaging comments doesn't show disabilities discrimination
Sep. 28, 2012 - U.S. v City of NY - ED NY - court aapproves job related pass-fail exam & rank-order listing of fire dept applicants
Sep. 26, 2012 - Swanson v Weil - D Col - no vote on say-on-pay doesn't imply fiduciary violation by directors under Dodd-Frank Act
Sep. 25, 2012 - Batson v BB&T - D Md - summary judgement denied on Sabbath accomodation claim; undue hardship to bank questioned
Sep. 19, 2012 - Casias v Wal-Mart - 6rh Cir - Michigan Medical Marihuana Act doesn't apply to fired private employee who failed drug test
Sep. 12, 2012 - Sheppard v Daniel Evans - 9th Cir - sufficient age discrim. claim made when only the over 40 age employee was discharged
Sep. 07, 2012 - EEOC v United Airlines - 7th Cir - ADA requires placing disabled employees in vacant positions they are qualified for
Sep. 04, 2012 - Pagan-Colon v Walgreens - 1st Cir - employee who prevailed in FMLA complaint is entitled to lost overtime wages
Aug. 27, 2012 - Feldman v Olin Corp. - 7th Cir - being assigned an unpleasant task performed by others not a sign of retaliation
Aug. 17, 2012 - Levin v Madigan - 7th Cir - fired older lawyer may have 42 USC 1983 civil rights claim not just ADEA claim
Aug. 02, 2012 - Pamquist v Shinseki (VA) - 1st Cir - disabled employee failed to show that retaliation was the 'but for' cause of non-promotion
July 30, 2012 - Core v Champaign Cnty - SD Oh - under ADA fragrance-free workplace reasonable request by sensitive employee
July 30, 2012 - Bullock v Berrien - 9th Cir - EEOC employee with MS exhausted admn remedies & needs no waiting period after optional appeal
July 26, 2012 - Henley v Brown - 8th Cir - 42 USC 1883 can also be used in public employe sex bias case; not just Title VII
July 20, 2012 - Passananti v Cook Cnty Sheriff - 7th Cir - supervisor's constant use of 'b' word backs jury's sex harassment verdict
July 13, 2012 - Henry v United Bank - 1st Cir - fired bank employee not FMLA retaliation as position could not be left opened indefinitely
July 10, 2012 - EEOC v Picture People Inc. - 10th Cir - as ability to communicate verbally was essential to job, deaf worker's case fails
July 09, 2012 - Brooks v Arthur - 4th Cir - personal complaints by public employees do not have 1st amendment free speech protection
Jun. 28, 2012 - Jones v C&D Technologies - 7th Cir - picking up Rx refill not medical treatment & entitlement to FMLA leave
Jun. 26, 2012 - Ekstrand v Somerset - 7th Cir - teacher with seasonal affective disorder wins ADA claim (windowed classroom)
Jun. 25, 2012 - Baltazar v Shinseki (VA) - 10th Cir - perf. evaluation noting need "to improve accent" not natl orign discrim.
Jun. 20, 2012 - Wasek v Arrow Energy - 6th Cir - male to male employee taunting insufficient for sex discrimination claim
Jun. 14, 2012 - Shelley v Donohoe - EEOC - fired diabetic mailhandler who could barely stand, walk, or lift has no disibility claim
Jun. 11, 2012 - Jones v UPS - 11th Cir - banana peels, confederate apparel & 1 confrontation enough for racial harrasment trial
Jun. 11, 2012 - Chap. 7 Trustee v Gate Gormet - 11th Cir - adding condition for employee to drop suit was a material adverse action
Jun. 11, 2012 - Pearce-Mato v Shinseki - WD Pa - VA employee required to retire because of lost voice has discrimination claim
Jun. 11, 2012 - Elgin v Dept of Treasury - Sp Ct - fired Fed employees for not registering for military draft must go through MSPB
Jun. 08, 2012 - Natl Fed'n of Fed Employees v Vilsack - DC Cir - random drug testing of Job Corps staff violate privacy right
Jun. 06, 2012 - Thirlkill v Kilgore - EEOC - discrim. found in non-interviewed/promoted black TVA electrician who had complained
Jun. 06, 2012 - Bauer v Curators of U of Mo, - 8th Cir - Equal Pay Act requires employer to strongly justify alleged pay disparity
Jun. 04, 2012 - Gowski v Peake - 11th Cir - retaliatory hostile work environnment claim by doctors under Title VII upheld
May 31, 2012 - US v NYC Transit Authority - ED NY - settlement reached allowing religious headgear on uniform workers
May 31, 2012 - Mass. v DHHS / Gill v OPM - 1st Cir - Defense of Marriage Act ruled unconstitutional
May 30, 2012 - Whitmore v DOL - Fed Cir - MSPB erred in disregarding evidence of whistleblower retaliation; case revived
May 29, 2012 - Spring v Sealed Air Corp. - 3d Cir - worker properly fired for not reporting injury promptly; no FMLA retaliation
May 29, 2012 - Ryan v Capital Contractors - 8th Cir - no ADA claim for mentally challenged employee fired for fighting supervisor
May 25, 2012 - Lewis v Humboldt - 6th Cir - "but for" disability discrimination, not "sole reason", revives ADA claim
May 21, 2012 - Cortezano v Salin Bank - 6th Cir - discrimination based on marriage to undocumented worker not prohibited
May 18, 2012 - Ponce v Billingham - DC Cir - jury instructions on 'sole reason' & 'but-for' discrimatory reason clarified by Court
May 17, 2012 - EEOC v Port Authority - SD NY - equal pay suit by female attorneys dismissed as equal skills/efforts not demonstrated
May 10, 2012 - Kalich v AT&T - 6th Cir - supervisor's calling male employee female names is not sexual harassment
May 04, 2012 - Redd v NYS Div. of Parole - 2d Cir - female supervisor's touching of employee's breasts could be sexual harassment
May 03, 2012 - Conklin v Suffolk Cnty - ED NY - no harassment claim for annoyances in work place romance spat; not severe/pervaisive
Apr. 30, 2012 - Hall v US - Fed Cir - discharged federal employee who volunteered for grand jury service entitled to paid leave/reinstat.
Apr. 20, 2012 - Macy v Holder - EEOC dec. - under Title VII discrimination based on sex includes transgender status
Apr. 18, 2012 - Hicks v Forest Preserve - 7th Cir - retaliation may be implied in "cat's paw" demotion of black employee
Apr. 17, 2012 - NAM v NLRB - DC Cir - NLRB enjoined from enforcing requirement to post labor law rights by businesses
Apr. 17, 2012 - Holland v Gee - 11th Cir - transfer & termination of pregnant employee violates Title VII Civil Rights Act
Apr. 13, 2012 - Kapche v Holder - DC Cir - diabetic's $100,000 award in revoked FBI job offer case upheld; but not equitable relief
Mar. 28, 2012 - Erhard v LaHood - ED NY - male FAA employee denied child care leave has sex bias/retaliation claim
Mar. 23, 2012 - VanDesand v U.S. - Fed Cir - EEOC settlement agreement is a contract enforceable in US Court of Fed Claims
Mar. 19, 2012 - Hanners v Trent - 11th Cir - white police officer suspended/downgraded for racial/sexual e-mail failed to show race bias
Mar. 16, 2012 - USA v Alabama Dept - 11th Cir - state not immune from USERRA claim by returning reservist
Mar. 13, 2012 - King v Acosta Sales - 7th Cir - sex discrim. case remanded as huge pay disparities must be shown as not discriminatory
Mar. 07, 2012 - EEOC v UA - precedent doesn't require reassignments to vacant positions under ADA, but en banc reconsideration recom.
Mar. 02, 2012 - Gilbert v Napolitano - DC Cir - remand as genuine issue of material fact exists on non-discrim. expla. for non-promotion

Compiled and maintained by Rick McKinney, Assistant Law Librarian, Federal Reserve Board Library
Last updated on March 13, 2013