A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

TREATISE INDEX "B"

Table of contents for this page
Background evidence
Back pay
Bankruptcy
"Because of disability" claims
Bell's Palsy
Bipolar disorder
Bivens claim
Bladder condition
Bona fide occupational qualification ("BFOQ")
Bona fide seniority system
Breathing
"Buckwheat" (as a racially derogatory term)
Business judgment
Business necessity defense
Bystander to harassment

 

Background evidence

• Time-barred evidence / background evidence - 10.311

Return to Top

Back pay

• See, "Damages" (this index)

Return to Top

Bankruptcy

• Bankruptcy court, failure to disclose employment discrimination claim in bankruptcy court as constituting judicial estoppel - 9.650

• Cause of action belongs to bankruptcy court - 9.651

Return to Top

"Because of disability" claims

• Proving disparate treatment (or "because of disability") claims - 13.120

  • Direct and indirect methods of proof - 13.122

  • Prima facie case - 13.123.10

    • Rehabilitation Act prima facie case - 13.123.11

    • Second and third prongs of McDonnell Douglas - 13.123.20

      • Adverse employment action requirement - 13.126

      • "Denial of training" is an adverse action under the ADA - 13.126.10

      • "Because of disability" requirement under ADA - 13.124

      • "Solely" because of disability requirement under the Rehabilitation Act - 13.125

• Proving "because of disability" claims verses "reasonable accommodation" claims - 13.114

  • Are "because of disability" claims and "reasonable accommodation" claims actually two separate claims or two means of proving the same statutory claim? - 13.114.20

  • Plaintiff must be clear as to which claim he or she is pursuing - 13.114.30

Return to Top

Bell's Palsy

• Bell's Palsy (cases addressing particular medical impairments) - 13.251.07

Return to Top

Bipolar disorder

• Bipolar disorder (cases addressing particular medical impairments) - 13.251.08

Return to Top

Bivens claim

• Bivens claim cannot be brought by Postal Service employee arising out of employment relationship - 17.791

• Private person can be federal actor (Bivens claim) - 17.133.20

• Statute of limitations - 17.720

• What is a "Bivens" claim? - 17.710

Return to Top

Bladder condition

• Bladder condition (cases addressing particular medical impairments) - 13.251.09

Return to Top

Bona fide occupational qualification ("BFOQ")

• Age as a BFOQ - 9.722

  • Statutory authority under the ADEA - 12.271

• Bona fide occupational qualification - 9.720

• Correctional officer position - 9.721.01

• Pregnancy, BFOQ defense available when employee is pregnant - 9.723

Return to Top

Bona fide seniority system

• Bona fide seniority system under the ADEA - statutory authority - 12.281

Return to Top

Breathing

• Breathing as a major life activity - 13.223.02

• Breathing (disabled with respect to) - 13.225.02

Return to Top

"Buckwheat" (as a racially derogatory term)

• "Buckwheat" - 18.346.10

Return to Top

Business judgment

• Employer's business judgment (as part of pretext analysis) - 4.712

Return to Top

Business necessity defense

• Business necessity defense under the ADA  - see, "Americans with Disabilities Act" (this index)

• Definition of business necessity (in disparate impact context) - 5.261

• Evidence necessary for employer to establish "business necessity" in a disparate impact case - 5.260

• Police officer's ability to run (as a business necessity) - 9.731.01

• Use of cut-off scores - 5.261.10

Return to Top

Bystander to harassment

• Whether a bystander to harassment is entitled to sue - 1.903

Return to Top