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TREATISE INDEX "R"

Table of contents for this page
Race discrimination
Racial harassment
Railway Labor Act
Reaching
Reading
Reasonable accommodations (in disability claims)
Reasonable cause determination
Record of a disability
Records retention
Reduction in force
Regarded as disabled
Rehabilitation Act
Relation back
Release agreement
Religious discrimination
Religious Freedom Restoration Act
Religious institution
Remembering
Reproduction
Res Judicata
Retaliation
Retirement
Reverse discrimination
Rhode Island
Right-to-sue letter
Rubber stamp theory

 

Race discrimination

• For generic Title VII issues

  • See, "Title VII" (this index)

• Bigotry must cause an injury - 18.345

• "Buckwheat" - 18.346.10

• Color discrimination, definition of "color" discrimination - 18.311

• Hispanics, whether discrimination against Hispanics is national origin or race discrimination? - 18.430

• Interracial association, protection of interracial association - 18.221

• Prima facie case, generic race discrimination prima facie case - 4.523

• Reference to African-American male genitalia - 18.346.20

• Race discrimination, protects members of minority and majority - 18.344

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Racial harassment

• See, Hostile Work Environment (this index)

• Racial harassment under Title VII - 19.540

• Racial harassment, same race harassment - 18.343

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Railway Labor Act

• Whether Railway Labor Act preempts employment discrimination law  - 24.122

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Reaching

• Reaching as a major life activity - 13.223.22

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Reading

• Reading as a major life activity - 13.223.23

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Reasonable accommodations (in disability claims)

• Accommodation requested must be linked to employee's disability - 13.344.30

• Alcohol or illegal drug user, no duty to provide accommodation - 13.349.30

• Affirmative defense, whether "offer of reasonable accommodation" must be pled as an affirmative defense - 7.121.20

• Burden of proof, employee has burden to establish a prima facie case - 13.132

• Choice, no duty to provide employee the accommodation of his or her choice - 13.343.50

  • No duty to reassign employee to position of employee's preference - 13.343.51

• Continuing duty, duty to accommodate is continuing -- one effort may not be enough - 13.343.30

  • However, no duty to continue offering accommodations where employee has refused a reasonable accommodation - 13.343.31

• Corrective measures, see "Disability" (this index)

• Create position

  • No duty to create position - 13.346.10

  • No duty to create part-time position - 13.346.11

• Definition of reasonable accommodation

  • Statutory definition - 13.341

    • Regulation - 13.342

• Delay in providing an accommodation may be actionable - 13.343.40

• Determining reasonableness of accommodation - 13.343.10

  • An accommodation does not become "reasonable" (meaning required under the law) just because the employer chose to voluntarily provide that accommodation for a period of time - 13.343.20

• Employee's duty to request accommodation - 13.344

  • Employees with mental disabilities - 13.344.10

  • Who can request an accommodation - 13.344.20

• Essential job functions

  • No duty to eliminate or restructure essential job functions - 13.346.20

• Evidence of discriminatory animus unnecessary - 13.134

• Interactive process (see this index)

• Intermittent, additional or unpaid leave as a reasonable accommodation - 13.348.10

• Not making a reasonable accommodation is a form of discrimination under the ADA

  • Statutory authority - 13.131

• Prima facie case, generic ADA prima facie case - 13.133.10 ADA

• Prima facie case, generic Rehabilitation Act prima facie case - 13.133.20

• 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

  • Whether a claim is a reasonable accommodation claim - 13.114.10

• Reasonableness of accommodation is a question of fact - 13.343.11

• Regarded as disabled, right to accommodation where employee is only regarded as disabled - 13.349.10

• Returning to work on trial basis - 13.348.50

• Rights of co-workers/seniority system (vis-a-vis disabled employee's right to an accommodation) - 13.349.20

• Supervisors, change of supervisors as a reasonable accommodation - 13.348.20

• Temporary position

  • No duty to restructure temporary light duty position into permanent position - 13.346.21

• Transfer to vacant position

  • Duty to transfer to vacant position - 13.347

  • Duty to transfer is an accommodation of last resort - 13.347.10

  • No duty to promote - 13.347.51

  • Plaintiff must be qualified for the position - 13.347.40

  • Position must already exist and be vacant - 13.347.30

    • Employee bears burden of proof that a position existed and was vacant - 13.347.31

    • Duty to transfer to position that will become vacant in near future - 13.347.32

  • Preference, is disabled employee entitled to preference over nondisabled employee seeking vacant position? - 13.347.60

  • Transfer to an inferior position can be a reasonable accommodation - 13.347.52

  • Undue hardship, no duty to transfer if it would create an undue hardship - 13.347.70

  • What must employee do to trigger duty to transfer to vacant position? - 13.347.20

• Undue hardship

  • Cases explaining "undue hardship" - 13.352.30

  • Interaction between "reasonable accommodation" and "undue hardship" - 13.351

  • Statutory authority - 13.352.10

    • Regulation - 13.352.20

• Work environment

  • Modification of work environment as a reasonable accommodation - 13.348.30

  • Stress-free work environment - 13.348.31

• Working from home or from remote location as a reasonable accommodation - 13.348.40

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Reasonable cause determination

• EEOC's reasonable cause determination - 6.111.04

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Record of a disability

• See, "Disability" (this index)

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Records retention

• Federal record retention requirements - 10.340

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Reduction in force

• Pretext in a RIF case - 4.747

  • RIF where employer is hiring younger employees for other positions - 4.747.10

  • RIF where recent hires are not considered for the RIF - 4.747.20

  • Satisfactory performance may not be evidence of pretext in a RIF - 4.747.30

• Reduction in force prima facie case - 4.534.20

  • Mini-RIF prima facie case - 4.534.21

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Regarded as disabled

• See, "Disability" (this index)

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Rehabilitation Act

• Affirmative action requirements - 13.111.30

  • Affirmative action requirement under Section 501 - 13.113.13

• Applicability of McDonnell Douglas to the Rehabilitation Act - 4.412.70

• Associational claims - 13.150

• "Because of disability" claims (see this index)

• Corrective measures, see, "Disability" (this index)

• Disability (see this index)

• Disparate impact, whether disparate impact claims are available - 5.217

• Employee, definition of under the Rehabilitation Act - 1.270

• Employer, definition of under the Rehabilitation Act - 2.217

  • Rehabilitation Act does not incorporate ADA's definition of employer - 2.217.10

• Essential job functions (this index)

• "Exhaustion of administrative remedies" (this index)

• Exhaustion requirements for federal employees - 6.550

• Federal employees, Rehabilitation Act (not ADA) applies to federal employees - 13.113.11

  • ADA standards apply to Rehabilitation Act claims of federal employees - 13.113.12 

  • Federal employees: Section 501 or Section 504 - 13.113.10 

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

• Federal funds, Rehabilitation Act's receipt of federal funds requirement - 13.111.20

• Foreign employer and/or foreign employment - Applicability of the Rehabilitation Act - 2.670

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

• Harassment based on disability (cognizability of claim) - 19.520

  • "Solely" because of disability requirement under the Rehabilitation Act as it pertains to harassment claims - 19.521

• Individual liability under the Rehabilitation Act - 2.117

  • Individual liability if Rehabilitation Act claim is brought against a "state actor" under 42 U.S.C. § 1983 - 17.216

• Interactive process (see this index)

• Major life activities (see this index)

• Qualified individual with a disability (see this index)

• Reasonable accommodation (see this index)

• Rehabilitation Act regulations are not binding, but . . . - 13.118

• Similarities and differences between the ADA and the Rehabilitation Act - 13.111

• Statute of limitations - 9.127

• Undue hardship (see, "reasonable accommodation" this index)

• Validity of settlement agreement under the Rehabilitation Act - 8.226

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Relation back

• See, "Doctrine of relation back" (this index)

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Release agreement

• See, "Settlement agreement" (this index)

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Religious discrimination

• For generic Title VII issues

  • See, "Title VII" (this index)

• Adverse employment action - 18.353.30

  • "Religious sensibilities" or "employment atmosphere" claim - 18.353.31

• Body piercing as a religious belief - 18.356.01

• Bona fide religious belief - 18.353.12

• Burden-shifting test for reasonable accommodation cases - 18.353

• Confederate flag display as a religious belief - 18.356.02

• Conflict exists between religious beliefs and employment requirement where employee must use benefits to avoid violating religious beliefs - 18.353.13

• Definition of religion - 18.353.11

• Disparate treatment claims, burden-shifting test for disparate treatment claims - 18.357

• Displaying religious items in the workplace - 18.356.12

• Employee must identify his religion - 18.353.11.10

• Governmental Employee Rights Act ("GERA") (see, this index)

• Homosexuality, opposition to homosexuality - 18.356.06

• Interactive process, duty to engage in interactive process - 18.354.30

• Law enforcement personnel not wanting to investigate certain crimes or protect certain citizens - 18.356.03

• Male truck driver's request not to be paired with female driver - 18.356.04

• Nurse's refusal to participate in termination of a pregnancy - 18.356.05

• Personal grooming - 18.356.08

• Personal staff exception - 18.551

• Pilgrimage, religious pilgrimage - 18.356.10

• Prima facie case, generic religious prima facie case - 4.524

• Reasonable accommodation, employer's duty to offer reasonable accommodation - 18.354.20

• Reasonable accommodation, no duty to allow employee to impose his religious beliefs on others - 18.354.60

• Reasonable accommodation, no duty to offer accommodation that would discriminate against co-workers or deprive them of  contractual or statutory rights - 18.354.50

  • Existence of seniority system does not relieve employer from considering reasonable accommodation - 18.354.51

• Reasonable accommodation, no duty to offer accommodation where employee is unreasonable - 18.354.40

• Reasonable accommodation, what is a reasonable accommodation? - 18.354.10

• Reasonable accommodation, what is the effect of an offer of an accommodation after the employer has taken its adverse employment action? - 18.354.70

• Religious holiday - 18.356.09

• Statute on reasonable accommodation - 18.352.10

• Title VII exempts religious organizations from prohibition against religious discrimination - 18.224

• Undue hardship defined - 18.355.10

• Undue hardship, whether rearranging employees' schedules is an undue hardship - 18.355.20

• Union membership, opposition to union membership - 18.356.07

• Remedial statute subject to broad interpretation - 18.150

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Religious Freedom Restoration Act

• Religious Freedom Restoration Act (as affecting the "ministerial exception") - 24.111.50

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Religious institution

• Title VII exempts religious organizations from prohibition against religious discrimination - 18.224

• Whether a religious institution can be sued - 2.904

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Remembering

• Concentrating and remembering as a major life activity - 13.223.07

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Reproduction

• Reproduction / Procreation as a major life activity - 13.223.21

• Reproduction / Procreation (disabled with respect to) - 13.225.21

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Res Judicata

• See, "Claim preclusion" (this index)

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Retaliation

• ADA analysis same as Title VII - 20.122.10

• ADA interference claim prima facie case - 20.223.20

• ADA, no right to compensatory or punitive damages - 20.122.20

• ADA, no right to a jury trial - 20.122.30

• ADA retaliation claim prima facie case - 20.223.10

• ADA prohibits retaliation and also "interference, coercion, or intimidation" - 20.223

• ADA retaliation statute - 20.112

• ADA, whether plaintiff must be a "qualified individual with a disability" - 20.223.30

• ADEA analysis same as Title VII - 20.121.10

• ADEA retaliation statute - 20.111

• Adverse employment action

  • Counterclaim against employee - 20.428.20

  • Definition - 20.410

    • Adverse employment action is more broadly defined in retaliation cases - 20.411

    • Context of the action matters in making determination as to whether it is materially adverse - 20.414

    • Definition in failure-to-hire cases - 20.416

    • Not everything that makes an employee unhappy is an adverse employment action - 20.412

  • Delay in transfer - 20.422.11

  • De minimis actions - 20.429

  • Demotion/lateral transfer or reassignment - 20.422.20

  • Denial of tenure - 20.422.30

  • Failure to reimburse expenses - 20.421.40

  • Harassment, supervisor or co-worker ostracism or harassment - 20.424.10

    • Analysis of co-worker harassment claims - 20.424.12

    • Analysis of supervisor harassment claims - 20.424.11

  • Investigation of employee - 20.425.20

  • Medical evaluations - 20.428.10

  • Negative evaluations - 20.425.10

  • Negative job reference - 20.427.10

  • Objective standard used in determining what constitutes an adverse employment action - 20.413

  • Police report, employer making truthful police report - 20.428.30

  • Suspension without pay, but reinstatement with back pay - 20.425.71

  • Transfer to administrative duty - 20.422.22

  • Written reprimand, counseling or warning - 20.425.40

  • Work related, adverse action does not have to be work related - 20.415

• Causal link

  • Cases applying definition - 20.520

  • Close temporal proximity less probative where employer is simply denying a request made after employee engaged in protected activity - 20.531.30

  • Close temporal proximity less probative where employer was merely waiting until employee on leave returned to work before taking action - 20.531.21

  • Close temporal proximity less probative where employer was contemplating adverse action before employee engaged in protected activity - 20.531.20

  • Job performance problems that pre-date protected activity - 20.332

  • Level of proof necessary to establish causal link - 20.530

  • Temporal proximity, first opportunity to retaliate affects temporal proximity analysis - 20.531.50

  • Temporal proximity, is temporal proximity, alone, sufficient to establish a causal link - 20.531.10

  • Temporal proximity, lack thereof (as affecting prima facie case) - 20.531.40

• Direct method of proof (for all circuits except 7th) - 20.210

• Equal Pay Act retaliation statute - 20.113

• Failure to hire prima facie case has additional requirements - 20.221.14

• FMLA retaliation statute - 20.116

• 42 U.S.C. § 1981 prima facie case - 20.225

• 42 U.S.C. § 1981 retaliation statute - 20.114

• 42 U.S.C. § 1983 (indirect method of proof) - 20.226

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

• Friend or family member, retaliation based on fact that co-worker who is friend or family member engaged in protected activity - 20.132

• Harassment or retaliation claim, offensive conduct in retaliation for a complaint of sexual harassment should be pursued as a retaliation claim - 19.248.20

• Indirect method of proof (for all circuits except 7th) - 20.220

• Knowledge of protected activity - 20.511

• Mistaken belief, retaliation against employee who employer mistakenly thinks engaged in protected activity - 20.131

• Mixed-motive is still a bar to liability for Title VII retaliation claims - 4.234

• Opposition clause (under Title VII) - 20.128.20

• Participation clause (under Title VII) - 20.128.30

  • Employee who involuntarily testified about his own discriminatory conduct - 20.133

  • Employee who participates in EEO investigation by opposing the complainant - 20.135

  • Employee willing to testify on behalf of another, but is never called - 20.134

  • Whether testimony must be reasonable under the participation clause - 20.128.31

• Post-employment retaliation (under Title VII) - 20.128.40

• Post-employment retaliation based on refusal to provide information to prospective employer - 20.904

• Pretext

  • Lack of temporal proximity as means of disproving retaliation - 20.622

  • Similarly situated persons - 20.632

  • Standard for proving retaliation - 20.621

  • Temporal proximity - 20.633

• Prima facie case, burden not onerous - 20.221.12

• Proffered reason - 20.610

• Protected activity

  • Another employee claims that this employee is being harassed (as constituting protected activity by this employee) - 20.348

  • Complaint to employer that third persons, who are not employees, are being harassed (as constituting protected activity) - 20.342.30

  • Definition of protected activity - 20.310

  • Employee must identify illegal employment practice - 20.311

  • EEOC's issuance of right-to-sue letter (as constituting protected activity) - 20.342.20

  • Filing EEOC complaint (as constituting protected activity) - 20.342.10

    • EEOC complaint must allege discrimination - 20.342.40

  • Illegal activity in furtherance of preventing workplace discrimination (as constituting protected activity) - 20.346

  • Improper or disruptive conduct, whether improper or disruptive conduct constitutes protected activity? - 20.331

  • Informal complaint by attorney (as constituting protected activity) - 20.341.20

  • Informal complaint to supervisor (as constituting protected activity) - 20.341.10

  • Informal contact with EEO or EEOC (as constituting protected activity) - 20.341.30

  • Internal investigation, participation in employer's internal investigation (as constituting protected activity) - 20.343

  • Reasonable belief requirement - 20.320

    • Reasonable belief requirement, does it apply to participation clause and opposition clause claims? - 20.321

    • Reasonable belief requirement, complaint involving same sex harassment that is found to be based on sexual orientation - 20.322

  • Refusal to implement discriminatory policy (as constituting protected activity) - 20.344

  • Refusal to sign mandatory arbitration agreement (as constituting protected activity) - 20.347

  • Requesting an accommodation under the ADA (as constituting protected activity) - 20.341.40

  • Testifying (as constituting protected activity) - 20.345

• Qualified for position, must plaintiff show that he is qualified for the position as part of indirect method of proof? - 20.221.11

• Retaliation based on protected activity at another employer - 20.902

• 7th Circuit's methods of proof - 20.230

• 7th Circuit's direct method of proof - 20.231

  • Circumstantial evidence can be used under the direct method - 20.231.20

  • Survival of summary judgment - 20.231.10

• 7th Circuit's indirect method of proof - 20.232

  • Similarly situated employee - 20.232.10

• Supervisory harassment, if "supervisory harassment" is involved, then the Sixth Circuit alters the prima facie case - 20.221.13

• Supervisory retaliation, employer liable for retaliation of supervisor - 20.903

• Title VII indirect method of proof - 20.229

• Title VII retaliation statute - 20.118

• Title VII, scope of opposition clause v. participation clause - 20.128.11

• Title VII, who is protected - 20.128.10

• Union, retaliation by union - 20.901

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Retirement

• Retirement plan (when time begins to run for purposes of filing an administrative charge) - 6.424.40

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Reverse discrimination

• Reverse discrimination prima facie case - 4.541

• Reverse discrimination - 3.330

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Rhode Island

• Interaction between federal employment discrimination law and Rhode Island state law - 23.042

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Right-to-sue letter

• EEOC notice can be oral - 9.131.30

• How is 90-day period calculated? - 9.131.10

  • Plaintiff has burden of proving suit filed within 90 days - 9.131.11

  • Presumption that right-to-sue letter was mailed - 9.131.14

  • What if plaintiff picks up right-to-sue sent via certified mail within time allotted by Postal Service? - 9.131.12

  • What if plaintiff does not claim right-to-sue letter sent via certified mail? - 9.131.13

• Issuance of right-to-sue letter before 180 days has run - EEOC regulation - 9.131.71

  • Whether this EEOC regulation is valid - 9.131.72

• Plaintiff can only file suit after receiving a right-to-sue letter that is issued in connection with a timely-filed EEOC charge - 9.131.80

• Tolling of 90-day time period

  • EEOC's Notice of Reconsideration can void right-to-sue letter - 9.131.40

  • Second right-to-sue letter does not toll limitations period unless EEOC has engaged in reconsideration - 9.131.41

  • Federal employee's request for reconsideration of EEOC decision tolls 90 day filing period - 9.131.51

  • Non-federal employee's request to EEOC for reconsideration does not toll 90 day filing period - 9.131.52

• When does time begin to run if both the attorney and the client receive the right-to-sue letter? - 9.131.20

• When state is defendant, right to sue letter must be obtained from Department of Justice - Statute - 9.131.61

• When state is defendant, right to sue letter must be obtained from Department of Justice - Cases - 9.131.62

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Rubber stamp theory

• See, "Cat's paw theory" (this index)

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