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Federal Equal Employment Opportunity Laws, Cases, and Resources

Federal Equal Employment Opportunity Laws
29 U.S.C. § 621 et. seq..... - Age Discimination 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 - Rigts 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. & Remployment 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
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 - One page Summary of the Law - Affirmative Action
Equal Employment Oppor. Comm. - EEO Laws - Q&A - Poster - 29 CFR 1600+ - ADA regs
General Services Administration - Office of Civil Rights Library
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 - Affirmative Action
Understanding Prejudice - 10 Myths about Affirmative Action

Recent Selected Court Opinions

Dec. 29, 2009 - Czekalski v LaHood - DC Cir - lateral transfer of female senior FAA official not an adverse discrimatory action
Dec. 22, 2009 - Smith v Allentown - 3d Cir - despite Gross v FBL, employee must still provide evidence of age discrim. to prevail
Dec. 04, 2009 - Duch v Jakubek - 2d Cir - manager's supposed 'ignorance' of ongoing sexual harassment not a liability shield
Dec. 02, 2009 - Dukes v VA - D DC - disabled-vet must fully cooperate with required pre-placement medical examination
Nov. 30, 2009 - Gross v FBL Financial - 8th Cir - under ADEA employee, not employer, must show that but for his age caused demotion
Nov. 25, 2009 - Becerril v Pima Cnty - 9th Cir - employee's temporomandibular disorder which limits talking/eating not ADA disability
Nov. 25, 2009 - HSBC Bank v NYC Hum Rgts Comm - SD NY - Fed bank laws don't preempt NYC Admn Code re: hiring arrested worker
Nov. 24, 2009 - Stouch v Irvington - 3d Cir - officrer fired as psychologically unfit did not establish his case for retaliation or bias
Nov. 19, 2009 - Fleming v Yuma Medical Cntr - 9th Cir - independent contractor w sicle cell anemia can sue for discrim under Rehab Act
Nov. 19, 2009 - Godfrey v Spano - NY Ct Appls - NY highest court upholds benefits for same-sex spouses of public employees
Nov. 19, 2009 - In re Golanski - 9th Cir - OPM ordered to enroll same-sex spouse of U.S. Court employee in Federal Health Benefits Prog
Nov. 13, 2009 - Porter v EPA - D DC - agency not required to approve out-of-state move as accomodation for disability
Nov. 10, 2009 - Kersey v WMTA - DC Cir - settlement agreement not permiting unpromoted employee to operate vehicle is not discrim.
Nov. 02, 2009 - Ragsdale v Holder - D DC - FBI employee denied advance annual leave has insufficient evidence for disabilitry claim
Oct. 28, 2009 - Kirleis v Dickie, McCamey & Chilcote - shareholder/director at law firm not an 'employee' under sex bias statutes
Oct. 23, 2009 - Barker v Riverside Cnty - 9th Cir - employee who complains doesn't have to be disabled to sue for retaliation under ADA
Oct. 21, 2009 - Stewart v Miss. Transp. Comm - 5th Cir - continuing sexual harassment not shown because of 16 mo. period of reassignment
Oct. 16, 2009 - Love v Motiva Ent. - 5th Cir - factory worker failed to show same-sex conduct was protected hrarassment not bullying
Oct. 16, 2009 - Velez v Thermo King - 1st Cir - proffered reason for firing older employee could be cons. pretextual; ADEA case remanded
Oct. 06, 2009 - Ekstrand v School Dist - 7th Cir - ADA may be violated by not transfering teacher w seasonal aff. disor. to room w more light
Oct. 05, 2009 - McBride v BIC Products - 2d Cir - fired chemical fume sensitive employee failed to establish that ADA accomodation possible
Sep. 23, 2009 - Risch v Royal Oak Police Dept - 6th Cir - proffered reson for non-promoting female officer could be pretextual; case remanded
Sep. 17, 2009 - Monteilh v AFSCME - DC - employee working outside DC to union headquarterd in DC may sue under DC job bias law
Sep. 16, 2009 - Gerlich v DOJ - D DC - some rejected job applicants alleging political activity discrim. may proceed w Privacy Act suit
Sep. 10, 2009 - EEOC v Go Daddy Software - 9th Cir - discrim. established by offending comments to non-promoted/fired Muslim sales rep
Sep. 10, 2009 - Mikula v Allegheny Cnty - 3d Cir - per Ledbetter Act back-pay isssue in sex discrimination case remanded
Sep. 08, 2009 - Sutherland v Missouri Dept of Corr - 8th Cir - offensive touching not affecting job does not create hostile environment
Sep. 08, 2009 - Fredrickson v UPS - 7th Cir - employee with leukemia not substantailly limited in major life activity under ADA
Sep. 08, 2009 - Aulicino v NYC - 2d Cir - triable issue exists re: white employee's claim of discrimination by black supervisor
Sep. 03, 2009 - Navab-Safavi v BBG - D DC - Iranian-born contractor may proceed w lawsuit charging retaliation by Voice of America
Aug. 28, 2009 - Betz v Chertoff (DHS) - 8th Cir - overworked, underpaid federal worker who quit failed to show intolerable conditions
Aug. 26, 2009 - Hunter v Valley View - 6th Cir - custodian placed on involuntary medical leave may have FMLA retaliation claim
Aug. 25, 2009 - Malloy v USPS - Fed Cir - AJ failed to consider medical evidence of mental illness in deciding if termination appropriate
Aug. 24, 2009 - Baker v Silver Oak - 8th Cir - dist. court erred as issues of fact exist on age discrimination & retaliation claims
Aug. 24, 2009 - Middleton v City of Chicago - 7th Cir - elimination of USERRA complaint deadline in 2008 was not retroactive
Aug. 21, 2009 - Tagore v US - SD Tex - Title VII preempts Religious Freedom Restor. Act - federal employee's wearing Sikh ceremonial sword
Aug. 21, 2009 - Sousa v Roque - 2d Cir - fired employee after many complaints of workplace violence may have free speech claim
Aug. 20, 2009 - Laouini v CLM Freight - 7th Cir - confirmation of fax to EEOC charging discrimination sufficient to raise issue of timely filing
Aug. 20, 2009 - Coffman v Indianapolis Fire Dept - 7th Cir - ADA not violated when female firefighter referred for psch eval. - job-related
Aug. 18, 2009 - EEOC v Boeing - 9th Cir - prima facie case of hostile work env. in disparate treatment of transferred & terminated female empl.
Aug. 11, 2009 - Jaksha v Butte Cnty - Mont Sp Ct - state's age restriction (under 35) on first-time firefighters is unconstitutional
Aug. 07, 2009 - Porter v Eire Foods - 7th Cir - appropriate action taken by employer in hangman's noose incident & hostile environ. claim
July 23, 2009 - Hohider v UPS - 3d Cir - class action inappropriate for ADA as each worker must prove self as "qualified" for job
July 23, 2009 - Kraus v Presido Trust - 9th Cir - federal adminstative claim intiated if contact is made with EEO official not just a "counselor"
July 10, 2009 - Wells v Gates - 4th Cir - discrim. bias/retaliation not shown in federal employee's denial of sick leave - lacked medical docs
Jun. 30, 2009 - Lee v K.S. So. Railway - 5th Cir - sum. judgement reversed in discrim. claim as leniency granted for comparable white employee
Jun. 29, 2009 - Ricci v DeStephano - Sp Ct - nonpromoted white fire fighters were discrimnated against by discarding disparate impact exam
Jun. 19, 2009 - Hendricks v Geithner - DC Cir - Treasury worker denied two promotions, did not show race, gender discrimination
Jun. 18, 2009 - Gross v FBL Financial - Sp Ct - under ADEA claimant must prove "but for" age dicrimination, employer would have ...
Jun. 17, 2009 - McDonald v Dept Env. Quality - Mont Sp Ct - duty to accomodate may include workplace changes for assistive devices
Jun. 16, 2009 - Chambers v DOI - DC Cir - triable issue exists on whether DOI intentionally destroyed requested performance appraisal
Jun. 09, 2009 - Shannon v Postmaster Gen. - 11th Cir - lifting is now a major life activity under ADA, but plaintiff didn't show he could do job
Jun. 05, 2009 - Thompson v North Am Stailess - 6th Cir - fired employee of fiancee who filed sex discrim. charge has no retaliation claim
May 22, 2009 - Sassaman v Gamche - 2d Cir - male forced to quit w/o investigation over harrasment claim may claim sex bias
May 22, 2009 - Browning v U.S. - 9th Cir - discrim. claim may be argued but not presumed if proffered employer reason not credible
May 18, 2009 - AT&T v Hulteen - Sp Ct - pension calculations before 1979 do not violate Pregnancy Discrimination Act (1978)
May 04, 2009 - Cochran v Holder - 4th Cir - Fed. employee's reconsideration motion to EEOC delays 90-day time limit for filing lawsuit
May 01, 2009 - Alaska v EEOC - 9th Cir - State sovereign immunity of elected official's staff abrogated by Gov Employees' Rights Act
Apr. 22, 2009 - Winsley v Cook Cnty - 7th Cir - anxiety while driving not a disability under ADA as driving not a major life activity
Apr. 15, 2009 - Peyton v Fred's Stores - 8th Cir - chemotherapy employee not qualified for job even with accomodation under ADA
Apr. 07, 2009 - Webb v Philadelphia - 3d Cir - undue hardship on uniform policy for female Muslim police officer to wear headscarf
Apr. 02, 2009 - Andrew c Clark - 4th Cir - police officer who leaked his non-official duty memo to reporter may have retaliation claim
Apr. 01, 2009 - 14 Penn Plaza v Pyett - Sp Ct - arbitration required in ADEA claim if collective bargaining agreement clearly stipulates
Mar. 31, 2009 - Hawaii v Ofc of Hawaiian Affrs - Sp Ct - Cong. resolution apologizing to Native Hawaiians didn't create enforceable rights
Mar. 26, 2009 - Chadwick v Wellpoint Inc - 1st Cir - sex sterotype claim revived in case of non-promotion of mother of four young children
Mar. 24, 2009 - Herndon v City of Manchester - Mo Ct App - mere existence of sexual harassment policy insufficient for affirmative defense
Mar. 23, 2009 - EEOC Local 216 v EEOC - Arbitrator - FLSA violated in requiring comp time taken not overtime to certain employees
Mar. 18, 2009 - Van Alstyne v Elec. Scriptorium - 4th Cir - in employer access to personal e-mail, employee must prove actual damages
Mar. 17, 2009 - Douglas v Donovan (HUD) - DC Cir - Federal worker not recommended for Pres. Rank Award has no Title VII claim
Mar. 17, 2009 - Zokari v Gates - 10th Cir - Employee's refusal to take English lessons not protected by Title VII (national origin)
Mar. 06, 2009 - Jones v Bernanke - DC Cir - retaliation claim is focus once employer asserts non-discrimnatory reason for actions
Mar. 06, 2009 - Potter v D.C. - D.C. Cir. - no-beard policy for firefighters violates religious bias law & not narrowly tailored
Mar. 05, 2009 - Greene v Potter (USPS) - 7th Cir - dircrimnation in favor of friends not illegal; judgement for plaintiff not premature
Feb. 20, 2009 - Allmond v Akal Security - 11th Cir - hearing-aid ban for court security officers met business necessity defense
Feb. 18, 2009 - Ahlmeyer v Nevada - 9th Cir - ADEA is sole remedy for ages bias; not 42 USC 1983 on deprivation of rights
Feb. 13, 2009 - Rohr v Salt River Proj. - 9th Cir - vacated sum. judgement for employer; diabetic employee may have major life limitations
Feb. 12, 2009 - Hamilton v General Electric - 6th Cir - employee may not prospectively wave right to sue for discrimination/retaliation
Feb. 09, 2009 - EEOC v Univ. of LA - 5th Cir - 11th Amdt protection of States from private lawsuits does not bar EEOC suit per ADEA
Jan. 29, 2009 - McGovern v Philadelphia - 3rd Cir - 42 USC 1981(c) didn't create implied right to sue public employers for race discrim.
Jan. 26, 2009 - Monteagudo v Assn de Empleados - 1st Cir - employer liable for sexual harassment as it did not prop. train its supervisors
Jan. 26, 2009 - Crawford v Nashville - Sp Ct - employees can 'oppose' discrimatory treatment just by answering investgative questions
Jan. 23, 2009 - EEOC v Watkins Motor Lines - 7th Cir - EEOC can continue investigation of claim even after party withdraws charge
Jan. 22, 2009 - Garner v Cuyahoga Cnty Juv Ct - 6th Cir - attorney fee liability for frivolous discrimination claims must be set individually
Jan. 21, 2009 - EEOC v Balt. Cnty - D Md - ADEA not violated in pension plan requiring higher contributions from older new-hires
Jan. 15, 2009 - EEOC v Agro Distribution - 5th Cir - employee's inability to perspire not a major life activity limitation under ADA.

Compiled and maintained by Rick Mckinney,
Assistant Law Librarian, Federal Reserve Board Law Library
Last updated on January 21, 2009