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 "F"

Failure to hire
Failure to promote
Failure to reinstate
Failure to transfer
Family and Medical Leave Act (FMLA)
Faragher / Ellerth
Favoritism
Federal Arbitration Act
Federal employee
Federal employee exhaustion requirements
Federal Employees Compensation Act
Federal Tort Claims Act
Fifth Amendment
First Amendment
Fitness for duty examination
FMLA
Florida
Foreign employer and/or foreign employment
Foreign national
Foreign Sovereign Immunities Act
Foreign treaties
Former employee
Former employer
42 U.S.C. § 1981
42 U.S.C. § 1983
42 U.S.C. § 1985(3)
Fourteenth Amendment
Fourth Amendment
Front pay
Futile gesture doctrine
 

Failure to hire

• Failure to hire prima facie case - 4.531.10
   

  • ADEA failure to hire prima facie case - 4.531.11

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Failure to promote

• Failure to promote prima facie case - 4.532.10

• Promotions roster (when time begins to run for purposes of filing an administrative charge) - 6.424.60

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Failure to reinstate

• Failure to reinstate as a separate cognizable claim - 3.310

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Failure to transfer

• Failure to transfer prima facie case - 4.532.20

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Family and Medical Leave Act (FMLA)

• Applicability of McDonnell Douglas to the FMLA - 4.412.60

• Eleventh Amendment immunity (see, this index)

• Employee, definition of under the Family and Medical Leave Act (FMLA) - 1.240

• Employer, definition of employer under the FMLA - 2.216

• Exhaustion requirements, no duty to exhaust administrative remedies - 6.120

• Foreign employer and/or foreign employment - Applicability of the FMLA - 2.660

• Former employee as a plaintiff under the FMLA - 1.530

• Individual liability under the FMLA - 2.116

• Intermittent or reduced schedule leave

  • Person must be able to perform essential functions (under ADA) in order to qualify for intermittent or reduced schedule FMLA leave - 13.162

• Retaliation claims (see, this index)

• "Serious health condition" (see this index)

• Statute of limitations - 9.126

• Validity of settlement agreement - 8.225

  • Ratification/tender back under the FMLA - 8.225.10

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Faragher / Ellerth

• See, "Employer liability" under the "Hostile Work Environment" heading (this index)

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Favoritism

• Favoritism to paramour, family member or others is not evidence of a pretext for discrimination - 4.750.10

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Federal Arbitration Act

• See, "Arbitration agreements" (this index)

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Federal employee

• EEOC has authority to award damages against the U.S. government - 2.907

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Federal employee exhaustion requirements

• ADEA exhaustion requirements

  • Alternative routes for bringing an ADEA claim - 6.541

  • Effect of withdrawal of Merit Systems appeal on ability to bring ADEA action - 6.542

• Appeal of final agency decision

  • Can a successful plaintiff appeal only the size of the administrative award? - 6.573

  • Can federal employee file suit seeking only an increase in the amount of attorney's fees awarded by the EEOC? - 6.574

  • Standard of review on appeal of final agency decision - 6.572

  • Time for appeal of final agency decision - 6.571

• Arbitration does not automatically defer employee's duty to file suit - 6.534

• Civil Service Reform Act - 6.510

• EEOC's explanation of federal procedural requirements - 6.520

  • Alternative Dispute Resolution (ADR) - 6.523

  • Appeals to the EEOC - 6.528

  • Civil actions - 6.529

    • CBA grievances - 6.529.20

    • Class complaints - 6.529.10

    • Mixed case complaints - 6.529.30

  • Contact EEO counselor - 6.521

  • EEO complaints - 6.524

    • Dismissals of EEO complaints - 6.524.10

  • EEO counseling - 6.522

  • Final action by agencies - 6.527

  • Hearings - 6.526

  • Investigations - 6.525

• Enforce EEOC order, federal employee can bring action simply to enforce a favorable EEOC order - 6.536

• Full relief, failure to accept "offer of full relief" - 6.535

• Futility, whether employee can be excused based upon a showing of futility - 6.531.30

• General duty of federal employees to exhaust administrative remedies - 6.531

• Jurisdictional prerequisite, whether exhaustion requirement is jurisdictional prerequisite - 6.531.10

• Mixed-case appeals to the Merit Service Protection Board ("MSPB") - 6.533

  • Appeal of MSPB decision - 6.533.20

  • Procedure for mixed-case appeals - 6.533.10

• Notice, federal government's duty to give notice of exhaustion requirements - 6.532

• Rehabilitation Act exhaustion requirements - 6.550

• Postal Service, whether federal exhaustion requirements apply to employees of the United States Postal Service - 6.582

• Smithsonian, whether federal exhaustion requirements apply - 6.581

• Title VII exhaustion requirements - 6.560

• Waiver, whether federal government has waived exhaustion defense - 6.531.20

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Federal Employees Compensation Act

• Interaction over Rehabilitation Act with Federal Employee's Compensation Act - 13.991.10

[TOP]

 

Federal Tort Claims Act

• Federal employee cannot pursue discrimination claims under the Federal Tort Claims Act - 24.232

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Fifth Amendment

• Gender discrimination - 17.520

• Whether ADEA preempts Fifth Amendment claim of federal employee - 17.511.10

• Whether ADEA preempts Fifth Amendment claim of non-federal employee - 17.511.20

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First Amendment

• Speech regarding employee's own discrimination claim as being a matter of public concern - 17.411

• Speech regarding the fact that a co-worker was being subjected to discrimination or harassment - 17.412

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Fitness for duty examination

• Fitness for duty examination under the ADA - see, Americans with Disabilities Act (this index)

[TOP]

 

FMLA

• See, Family and Medical Leave Act (this page)

[TOP]

 

Florida

• Interaction between federal employment discrimination law and Florida state law - 23.011

[TOP]

 

Foreign employer and/or foreign employment

• Applicability of the ADA - 2.620

• Applicability of the ADEA - 2.610

• Applicability of the Equal Pay Act - 2.630

• Applicability of the Family and Medical Leave Act (FMLA) - 2.660

• Applicability of 42 U.S.C. § 1981 - 2.640

• Applicability of 42 U.S.C. § 1983 - 2.650

• Applicability of the Rehabilitation Act - 2.670

• Applicability of Title VII - 2.680

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Foreign national

• Whether foreign national is entitled to sue - 1.902

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Foreign Sovereign Immunities Act

• Foreign Sovereign Immunities Act - 9.333

[TOP]

 

Foreign treaties

• Foreign treaties allowing discrimination - 24.130

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Former employee

Former employee as a plaintiff under the ADA - 1.510

Former employee as a plaintiff under the ADEA - 1.520

Former employee as a plaintiff under the FMLA - 1.530

Former employee as a plaintiff under Title VII - 1.540

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Former employer

• Former employer liability - 2.280

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42 U.S.C. § 1981

• Age discrimination - 16.223

• Alienage discrimination - 16.221

• Ancestry discrimination - 16.222

• Applicability of McDonnell Douglas to 42 U.S.C. § 1981 - 4.412.40

• Contract, existence of contract under state law - 16.230

  • Sufficient consideration - 16.231

• Corporation that is a minority-owned business can sue under 42 U.S.C. § 1981 - 1.909

• Disparate impact, whether disparate impact claims are available - 5.214

• Eleventh Amendment immunity (see, this index)

• Employee, definition of under 42 U.S.C. § 1981 - 1.250

• Employer, definition of under 42 U.S.C. § 1981 - 2.214

• Ethnic discrimination - 16.224

• Extra-territorial, whether extra-territorial U.S. citizen is protected by 42 U.S.C. § 1981 - 1.908.15

• Federal employees, discrimination against federal employees - 16.228

• Foreign employer and/or foreign employment - Applicability of 42 U.S.C. § 1981 - 2.640

• 42 U.S.C. § 1983

  • Whether 42 U.S.C. § 1981 action must be brought under 42 U.S.C. § 1983? - 17.163

• Hostile work environment claims under 42 U.S.C. § 1981  - 19.530

  • Hostile work environment, method of proof similar to Title VII - 16.312

  • Standard of harassment claim against individual - 19.531

• Individual liability under 42 U.S.C. § 1981 - 2.114

  • 42 U.S.C. § 1981 claims brought under 42 U.S.C. § 1983 - 17.214

• McDonnell Douglas, applicability of McDonnell Douglas analysis - 16.311.10

• Mixed-motive is still a bar to liability for 42 U.S.C. § 1981 claims - 4.232

• National origin discrimination - 16.225

• Prima facie case under Section 1981 - 16.400

  • Prima facie case same as Title VII - 16.311.20

• Race discrimination is defined broadly - 16.210

• Religious discrimination - 16.226

• Retaliation claims (see, this index)

• Sex discrimination - 16.227

• Statute - 16.110

• Statute of limitations

  • Claims cognizable before the Civil Rights Act of 1991 - 9.124.10

    • Certain failure-to-promote claims may have been cognizable before the Civil Rights Act of 1991 - 9.124.11

  • Claims only cognizable after the Civil Rights Act of 1991 - 9.124.20

  • 42 U.S.C. §§ 1981 and 1983 - length of filing period by State - 9.129

• Third party, interference by third party - 16.229

• Title VII and 42 U.S.C. § 1981 - same analysis - 18.342

• Title VII claim by federal employees preempts claims brought under the U.S. Constitution, 42 U.S.C. § 1983, and 42 U.S.C. § 1981 - 24.220

• Title VII, similarities regarding method of proof - 16.311

  • Applicability of McDonnell Douglas analysis - 16.311.10

  • Hostile work environment, method of proof similar to Title VII - 16.312

  • Prima facie case same as Title VII - 16.311.20

  • Title VII violation can be based on negligence, but 42 U.S.C. § 1981 claim must be based on intentional misconduct - 16.321

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42 U.S.C. § 1983

• ADA and Rehabilitation Act claims may not be brought under 42 U.S.C. § 1983 - 17.164

• Applicability of McDonnell Douglas to 42 U.S.C. § 1983 - 4.412.50

• Bivens claim (see, this index)

• Board decision, decision of one Board member may not be imputed to other Board members who voted the same way - 17.920

• Custom, what constitutes a custom for purposes of establishing liability against a governmental entity? - 17.311

• Elected official, liability of entity for actions of elected official over which entity has no control - 17.320

• Eleventh Amendment immunity (see, this index)

• Employee, definition of under 42 U.S.C. § 1983 - 1.260

• Employer, definition of under 42 U.S.C. § 1983 - 2.215

• Equal Protection Clause (see this index)

• Federal actor, claim against federal actor (Bivens claim) (see, this index)

• First Amendment (see this page)

• Foreign employer and/or foreign employment - Applicability of 42 U.S.C. § 1983 - 2.650

• 42 U.S.C. § 1981

  • Whether 42 U.S.C. § 1981 action must be brought under 42 U.S.C. § 1983? - 17.163

• Fourteenth Amendment (see, "Equal Protection Clause" this index)

• Individual capacity

  • Difference between "individual capacity" and "official capacity" - 17.140

  • Individual capacity explained - 17.141

  • Individual liability under 42 U.S.C. § 1983 - 2.115

    • ADA (no individual liability) - 17.211

    • 42 U.S.C. § 1981 - 17.214

    • Rehabilitation Act - 17.216

• McDonnell Douglas, applicability of McDonnell Douglas analysis - 17.162

• Mixed-motive is still a bar to liability for 42 U.S.C. § 1983 claims - 4.233

• Official capacity

  • Difference between "individual capacity" and "official capacity" - 17.140

  • Official capacity explained - 17.142

• Policy, what constitutes a policy for purposes of establishing liability against a governmental entity? - 17.312

• Policymaker, who is a final policymaker? - 17.313

• Proving liability against a governmental entity or official capacity defendant - 17.310

  • Custom, what constitutes a custom? - 17.311

  • What constitutes a policy? - 17.312

• Remedy, how to determine if a 42 U.S.C. § 1983 remedy exists - 17.120

• Respondeat superior, no respondeat superior liability - 17.170

• Retaliation, no liability for retaliatory conduct under 42 U.S.C. § 1983 - 17.165

• "Same decision" defense - 17.810

• Standing, lack of standing if plaintiff would not have been hired or promoted even if impermissible motive had not been considered - 17.820

• State actor

  • Determination of who is a state actor - 17.133

  • Law or fact, whether "state actor" determination is a question of law or fact? - 17.132

  • Standard of review re "state actor" determination - 17.131

• Statute of limitations - 9.125

  • 42 U.S.C. §§ 1981 and 1983 - length of filing period by State - 9.129

• Substantive rights, 42 U.S.C. § 1983 contains no substantive rights - 17.111

• Supervisory liability - 17.330

• Title VII

  • Employer's conduct may not violate Equal Protection Clause, but may violate Title VII - 17.162.20

  • Plaintiff may assert Title VII and Section 1983 claims together - 17.161

    • Plaintiff may assert Section 1983 claim alone - 17.161.10

  • Plaintiff may not assert Title VII action under Section 1983 - 17.161.20

  • Same analysis applies to Title VII and Section 1983 claims - 17.162

  • Same analysis may not apply to affirmative action plans - 17.162.10

  • Title VII does not preempt a 42 U.S.C. § 1983 action - 24.210

  • Title VII claim by federal employees preempts claims brought under the U.S. Constitution, 42 U.S.C. § 1983, and 42 U.S.C. § 1981 - 24.220

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42 U.S.C. § 1985(3)

• Title VII does not preempt 42 U.S.C. § 1985(3) - 24.231

[TOP]

 

Fourteenth Amendment

• Fourteenth Amendment (see, "Equal Protection Clause" this index)

[TOP]

 

Fourth Amendment

• If employer is a governmental entity, is the Fourth Amendment implicated in a fitness for duty exam? - 13.555

[TOP]

 

Front pay

• See, "Damages" (this index)

[TOP]

 

Futile gesture doctrine

• Futile gesture doctrine - 4.556.10

• On issue of pretext, can employee's failure to pass examination be excused by futile gesture doctrine? - 4.745.41

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