Federal Equal Employment Opportunity Laws, Cases, and Resources

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 - s.a. 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..
See also:
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

Jan. 06, 2012 - Coleman v Donahoe (USPS) - 7th Cir - black female employee fired for threats similarly situated to suspended white males
Dec. 28, 2011 - Wagner v Jones - 8th Cir - unsucessful Republican faculty candidate has triable claim for political discrim under 42 USC 1983
Dec. 23, 2011 - Burton v D.C. - D DC - black DC firefifgters & EMS workers lack commonality for class certification
Dec. 19, 2011 - Schroeder v Greater New Orleans FCU - 5th Cir - demoted/fired manager's complaint to NCUA is triable whistleblower claim
Dec. 16, 2011 - Pucci v Somers -ED Mich - fired court employee who complained about judge using religious references is protected
Dec. 07, 2011 - EEOC v Resources for Human Devel - ED La - severe obesity is an ADA impairment; trial may proceed
Dec. 06, 2011 - Glenn v Brumby - 11th Cir - worker with gender non-conformity unlawfully fired under Civil Rts Act of 1871 (42 USC 1983)
Nov. 29, 2011 - Almond v Unified Sch Dist - 10th Cir - Ledbetter Act applies to ADEA claims only if unequal pay for unequal work alleged
Nov. 22, 2011 - Easterling v Conn. Dept of Corr. - D Conn - in wake of Walmart v Dukes female correction candidates converted to hybrid class
Nov. 18, 2011 - Franks v Vilage of Bolivar - ND Ohio - evidentiary standard of continued retirement references by boss support ADEA claim
Nov. 17, 2011 - Durand v DOL - 9th Cir - federal employees not permitted to deduct litigation costs from FECA reimbursements
Nov. 17, 2011 - Lyons v Shinseek - 4th Cir - VA employee unable lift more than 25 lbs due to bad back not major life disability under Rehab Act
Nov. 15, 2011 - Norris v City of Millbrook - ADEA claim may proceed by transferred mid-60's employee, called Grandma by boss
Nov. 09, 2011 - Makowski v SmithAmundsen - 7th Cir - dismissal of pregnancy discrim. claim reversed as comments by HR director admissable
Nov. 01, 2011 - Diggs v HUD - Fed Cir - Title VII prohibits retaliation against fired federal employee & public sector employees in general
Oct. 19, 2011 - Griffin v UPS - 5th Cir - diabetic employee not disabled under ADA; nor was there a failure to accomodate
Oct. 18, 2011 - Shaffer v AMA - 7th Cir - summary dismissal reversed on timing of employee budget-cut firing right after FMLA notification
Oct. 12, 2011 - Colon-Fernandez v San Juan - 1st Cir - employee w fibromyalgia not disabled or retaliated, cites extensive absences
Oct. 06, 2011 - Egan v Freedom Bank - 7th Cir - fired female bank exec. has triable Title VII sexual harassment retaliation claim
Sep. 30, 2011 - U.S. v NYC Transit Auth - ED NY - sum. judgement dismissed in religous discrm. case on headwear policy for drivers
Sep. 22, 2011 - Velazquez-Ortiz v Vilsack (DoAg) - 1sr Cir - age discrim claim dismissed; memo requesting "new blood" too vague
Sep. 21, 2011 - Lopez v Pacific Maritime - 9th Cir - one-strike rule on testing positive for drugs not discrim. against recovering addicts - ADA
Sep. 16, 2011 - Ellis v Costco - 9th Cir - citing Walmart sex discrim. case, district court erred in certifying class action
Sep. 16, 2011 - Dickerson v Cmty College - 7th Cir - mentally disabled employee fired for poor performance; not retaliatory despite remark
Sep. 12, 2011 - Dediol v Best Chevrolet - 5th Cir - sum. judgement reversed as age dscrim hostile. environ. facially apparent under ADEA
Sep. 09, 2011 - Fryer v ASAP Fire - 1sr Cir - USERRA violated when employee not given same position/pay when returned from military duty
Sep. 07, 2011 - Helm v Kansas - 10th Cir - state exercised reasonable care & not liable for sexual hass. by state judge toward aide
Sep. 06, 2011 - Diaz v Brewer - 9th Cir - same-sex partner's benefits properly enjoined against termin. while suit challenging Ariz. ban pending
Aug. 29, 2011 - Miller v Natural Res. Recov. - MD La - Empl. Polygraph Prot. Act claim not dismissed as employer failed to provide rights
Aug. 26, 2011 - Serendnyl v Beverly Healthcare - 7th Cir - pregnant employee's lifting restrictions not substantial to be "dsiabled" under ADA
Aug. 26, 2011 - Perez-Cordero v Walmart - 1st Cir - evidence sufficient for male employee to claim sexual harass. by female supervisor
Aug. 19, 2011 - Johnson v Lucent Tech. - 9th Cir - Sec. 1981 retaliation claims covered by 4 year limitation period filing
Aug,. 17, 2011 - McKenna v City of Philadelphia - 3d Cir - officer's race complaints to superior could be proximate cause of panel's decision
Aug. 15, 2011 - Briscoe v City of New Haven - 2d Cir - Ricci doesn't bar disparate-impact suit for black fire fighter; Sp Ct language is 'dicta'
Aug. 12, 2011 - Dellinger v Science Apps - 4th Cir - rejected applicant who sued former employer, can't sue would-be employer for retaliation
Aug. 08, 2011 - Okoli v Baltimore - 4th Cir - triable case of sexual harassment/retaliation exists for fired employee
Aug. 02, 2011 - Morgan v Covington - 3d Cir - res judicata doesn't apply to employee's 2d filing after his termination & 1st filing
July 25, 2011 - Bergerson v NYS Ofc - 10th Cir - back pay separate from comp. damages in harassment award & shouldn'r have been dismissed
July 20, 2011 - Schulz v Green Cnty - 7th Cir - eliminated position appearing in another dept. part of reorganization; no due process needed
July 19, 2011 - NLRB memos re: WalMart, Martin House - fired employees with negative job comments on Facebook have no protection
July 13, 2011 - EEOC v Schwan's Home Serv - 8th Cir - EEOC subpeona upheld for co. wide data based on one indiv. discrim. charge
July 08, 2011 - Valle-Arce v PR Port Auth. - 1st Cir - fired worker with chronic fatique could be accomodated w flexible schedule; reversed
Jun. 20, 2011 - Wal-Mart v Dukes - Sp Ct - broad sex discrimination suit against Wal-Mart inappropriate for class action; lacks commonality
Jun. 17, 2011 - Colbert v Tapella (GPO) - DC Cir - summary judgement reversed in discrimination case as proffered reason unfounded
Jun. 17, 2011 - Galeta v Gray - DC Cir - lateral transfer to non-supervisory position could be seen as retalitory
Jun. 17, 2011 - Pye v Nu Aire, Inc - 8th Cir - fired five days after complianing of racial slur, retaliation claim exists, but not hostile environ.
Jun. 13, 2011 - Wackett v Beaver Dam - 7th Cir - retaliation for complianing about a purchase decision fails as official speech is unprotected
Jun. 07, 2011 - Appel v Inspire Pharms - 5th Cir - pregnant manager orderd to bed rest was not discrim. against as she couldn't do job
Jun. 06, 2011 - Quinn v U.S. Bank - Cal. AppCt - Calif discrim. law not entirely preempted by Natl Bank Act's dismiss at pleasure provision
Jun. 02, 2011 - Simmons v Sykes Enterp. - 10th Cir - despite age bais remarks, fired 62 yr old has no "but for" age discrim. case under ADEA
May 26, 2011 - Chamber of Commerce v Whiting - Sp Ct - Ariz. law suspending bsns license for knowingly hiring illegal aliens not preemped
May 17, 2011 - Myers v Toojay's Mgmt Corp - 11th Cir - not illegal for private employer not to hire based on pers. bankruptcy filing
May 13, 2011 - Kloeckner v Solis (DOL) - 8th Cir - MSPB must rule on merits of mixed case (discrim./appeal) before district court filing
May 11, 2011 - Porter v Valdez - lateral transfer can clearly be a demotion or adverse discriminatory action
May 10, 2011 - Meller v Illinois Dept. Transp. - 7th Cir - fired state highway/bridge worker, with fear of heights, has triable ADA claim
May 08, 2011 - Lewis v Chicago - 7th Cir - black firefighter applicants prevail in class action; disparate impact of hiring only highly qualified
Apr. 22, 2011 - Templeton v First Tenn. Bank - 4th Cir - refusing to rehire employee who filed sexual harassment claim may be retaliatory
Apr. 19, 2011 - Mauerhan v Wagner Corp. - 10th Cir - recovering drug addict not a qualified individual with disability under ADA safe harbor
Apr. 15, 2011 - Villalpando v Salazar (DOI) - 10th Cir - acknowledged promotion denial based on favortism/cronyism/animosity is not unlawful
Mar. 31, 2011 - Randall v Rolls Royce - 7th Cir - class certification denied in sex discrimation in pay & promotion case
Mar. 31, 2011 - Harrell v Donahoe (USPS) - 8th Cir - Title VII doesn't require Adventist letter carrier to be relieved of working Saturdays
Mar. 28, 2011 - Groesch v City of Springfield - 7th Cir - Ledbetter Act rules for paycheck accural in race bias suit by white officers
Mar. 21, 2011 - Silverman v Chicago Bd of Ed - 7th Cir - teacher fails to show nonrenewal was pregnancy discrim. not poor performance
Mar. 17, 2011 - Sanders v Newport - 9th Cir - employer bears burden of defending failure to reinstate employee under FMLA
Mar. 04, 2011 - EEOC v Philip Svcs - 7th Cir - Title VII bars disclosure of conciliation materials,; thus oral conc. agreement unenforceable
Mar. 03, 2011 - EEOC v Cromer Food - 4th Cir - employer faces liability in sexual harassment of its employee by third party employees
Mar. 01, 2011 - Adam v Norton - 9th Cir - Back Pay Act (5 USC 5596) appiles to ADEA awards to federal workers
Mar. 01, 2011 - Staub v Proctor Hosp. - Sp Ct - USERRA violated as immed. supervisor's animus to military proximate cause of reservist firing
Feb. 28, 2011 - Erickson v USPS - Fed Cir - postal worker had not abandoned his job for reservist duties; reinstatement required under USERRA
Feb. 18, 2011 - Loudermilk v Best Pallet - 7th Cir - black laborer fired right after complaint has triable discrimination claim
Feb. 15, 2011 - Rivera-Colon v Mills (SBA) - 1st Cir - no retaliation found when SBA employee refused relocation in policy affecting large #s
Feb. 14, 2011 - Toroka v Cont. Airlines - 5th Cir - no reasonable accomodation possible for cognitively disabled employee
Feb. 08, 2011 - Schandelmeier v Chicago Parks - 7th Cir - fired white worker's black supervisor may have played key role - cat's paw case
Jan. 26, 2011 - EEOC v WSSC - 4th Cir - legis. immunity/privledge rejected in EEOC request for personnel info in age discrim. complaint
Jan. 24, 2011 - Thompson v North Am Stainless - Sp Ct - fired fiancee has Title VII cause of action for retaliation in sex discrim suit
Jan. 21, 2011 - Calhoun v Johnson (GSA) - DC Cir - race discrim. complaint revived as plaintiff called "far superior overall"
Jan. 12, 2011 - DeTata v Rollprint - 7th Cir - telephone notice by EEOC to plaintiff held insufficient to trigger 90-day deadline to sue
Jan. 11, 2011 - Artis v Bernanke - DC Cir - FRB secretaries as a class have now exhausted discim. suit admn remedies; remand
Jan. 06, 2011 - Ames v Home Depot - 7th Cir - worker fired for alcohol use lacks ADA and FMLA claims

Compiled and maintained by Rick Mckinney,
Assistant Law Librarian, Federal Reserve Board Law Library
Last updated on January 19, 2012