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TREATISE INDEX "S"

Table of contents for this page
Same actor
Same decision cases
Sanctions
School board
Scope of administrative charge
Screening tests
Security clearances
Seeing
Seniority
Serious health condition (under the FMLA)
Service of process
Settlement agreement
Sex discrimination
Sexual activity
Sexual harassment
Shareholder
Similarly situated
Single employer theory
Single filing rule (regarding administrative charges)
Sitting
Sleep apnea
Sleeping
Smithsonian Institution
Sovereign immunity
Speaking
Standing (the legal concept of standing to sue)
Standing (the physical activity)
State actor
State or local agency
State secrets doctrine
Statistical evidence
Statute of limitations (for filing a lawsuit, not an administrative charge)
Statutory cap on damages
Statutory interpretation
Stress disorder / anxiety
Subject matter jurisdiction
Substantially limits
Substantially younger
Successor liability
Sufficient evidence of discrimination prong (fourth prong)
Summary judgment
Suspension

 

Same actor

• Same actor inference - 4.110

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Same decision cases

• "Same decision" defense in 42 U.S.C. § 1983 cases - 17.810

• See, "Mixed-motive" (this index)

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Sanctions

• Sanctions imposed by district court - 10.240

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School board

• School board as an "arm of the state" for Eleventh Amendment immunity purposes - 9.321.41

• School district as an "arm of the state" for Eleventh Amendment immunity purposes - 9.321.42

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Scope of administrative charge

• See, "Exhaustion of administrative remedies" (this index)

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Screening tests

• Repetitive motion screening test as evidence that plaintiff was regarded as disabled - 13.232.80

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Security clearances

• Whether security clearance issues preempt employment discrimination laws - 24.123

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Seeing

• Seeing (disabled with respect to) - 13.225.24

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Seniority

• Proving a non-bona fide seniority system - 9.761

• Seniority system defense (reliance upon as an employer's defense for taking an adverse employment action against another employee)  - 9.760

• Seniority system (when time begins to run for purposes of filing an administrative charge regarding a discriminatory seniority system) - 6.424.50

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Serious health condition (under the FMLA)

• "Disability" under the ADA and "serious health condition" under the FMLA are different standards - 13.161

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Service of process

• Service upon federal government - 7.141

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Settlement agreement

• Attorney's authority to settle on behalf of client - 8.215

  • Burden of proof - 8.215.10

•  Binding, settlements are binding on both parties - 8.217

• Burden of proof, employer bears burden of proving waiver and release - 8.211

• Does federal or state law control? - 8.221.10

• Fee award, whether settlement agreement precludes fee award - 8.216

• Hearing, district court should hold a hearing to resolve disputes - 8.221.20

• Jurisdiction, court's jurisdiction to enforce settlement agreements - 8.212

• Lack of written and/or signed settlement agreement - 8.214

• Older Workers Benefit Protection Act (see this index)

• Standard of review as to district court's decision whether to enforce a settlement agreement - 8.213

• Taxable, whether settlement proceeds are taxable as income? - 8.218

• Unenforceability of certain provisions

  • Cannot prospectively waive claims - 8.228.20

  • Prohibition on filing EEOC charge - 8.228.10

• Validity of settlement agreement

  • ADEA (Older Workers Benefit Protection Act - see this index)

  • FMLA - 8.225

    • Ratification/tender back under the FMLA - 8.225.10

  • Rehabilitation Act - 8.226

  • Title VII - 8.227

    • Ratification/tender back under Title VII - 8.227.10

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Sex discrimination

• For generic Title VII issues

  • See, "Title VII" (this index)

• For sexual harassment issues

  • See, "Hostile Work Environment" (this index)

• Correctional officer - 18.366.20

• Equal Pay Act affirmative defenses - 18.410

• Favoritism based on romance - 18.361.10

• Gender stereotypes, discrimination based on gender stereotypes - 18.363

  • What conduct constitutes gender stereotyping - 18.363.10

  • Grooming standards - 18.366.10

  • Hair length - 18.366.11

  • Marital status, discrimination based on marital status - 18.361.30

  • Men discriminating against men - 18.361.20

  • "Sex-plus" discrimination - 18.364

  • Sexual orientation, discrimination based on sexual orientation - 18.362

• Harassment or hostile work environment" (see, "Hostile Work Environment" this index)

• Prima facie case, generic sex discrimination prima facie case - 4.525

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Sexual activity

• Sexual activity as a major life activity - 13.223.25

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Sexual harassment

• See, Hostile Work Environment (this index)

• Sexual history of plaintiff, admissibility of under Rule 412 - 10.319.10

  • Cases applying Rule 412 - 10.319.20

• Whether union can be held liable for sexual harassment - 2.534.10

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Shareholder

• Whether a shareholder is an employee - 1.400

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Similarly situated

• Definition - Similarly situated - 3.130

• Definition (or analysis) of similarly situated at prima facie case stage - 4.572

  • Cherry pick, plaintiff cannot "cherry pick" her comparators - 4.572.60

  • Jury question, determination of "similarly situated" is a jury question - 4.572.10

  • Employee's perception not relevant 4.572.30

  • Male and female sexual harassers are not similarly situated where female's misconduct does not result in complaints - 4.572.81

  • Pool of applicants, plaintiff is compared to pool of applicants as opposed to the successful applicant - 4.572.40

  • Supervisors, difference in supervisors - 4.572.70

  • When is someone "replaced"? - 4.572.20

  • Whether fourth prong requires proof that similarly situated person was treated more favorably? - 4.572.50

• "Similarly situated," burden of establishing at prima facie case verses pretext stage - 4.513

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Single employer theory

• Single employer theory - 2.230

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Single filing rule (regarding administrative charges)

• Single filing (or piggybacking) rule - 6.314

  • ADEA actions - 6.314.10

  • Person who has previously filed a charge may not try to piggyback onto someone else's EEOC charge - 6.314.30

  • Person who timely filed charge must file lawsuit - 6.314.20

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Sitting

• Sitting as a major life activity - 13.223.26

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Sleep apnea

• Sleep apnea (cases addressing particular medical impairments) - 13.251.28

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Sleeping

• Sleeping as a major life activity - 13.223.27

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Smithsonian Institution

• Whether federal exhaustion requirements apply to an employee of the Smithsonian Institution - 6.581

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Sovereign immunity

• Foreign Sovereign Immunities Act - 9.333

• Sovereign immunity - 9.330

• Sovereign immunity can be raised any time - 9.332

• Sovereign immunity does not apply to a suit brought by the EEOC - 9.334

• Tribal sovereign immunity - 9.331

  • ADEA does not apply to Indian Tribes - 9.331.10

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Speaking

• Speaking (disabled with respect to) - 13.225.28

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Standing (the legal concept of standing to sue)

• Advocate on behalf of members of protected class is entitled to sue - 1.901

• Article III standing - 1.110

• Evidence upon which standing is determined - 1.112

• 42 U.S.C. § 1983, lack of standing if plaintiff would not have been hired or promoted even if impermissible motive had not been considered - 17.820

• Standard of review for standing determination - 1.111

• Testers, do testers have standing to sue under Title VII? - 1.720

• Testers, do testers have standing to sue under 42 U.S.C. § 1981? - 1.730

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Standing (the physical activity)

• Standing as a major life activity - 13.223.29

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State actor

• See, 42 U.S.C. § 1983 (this index)

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State or local agency

• See, "Deferral states" (this index)

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State secrets doctrine

• Whether the State secrets doctrine preempts employment discrimination laws - 24.125

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Statistical evidence

• Admissibility, do flaws go to admissibility or weight? - 10.331.20

• Disparate impact, statistical evidence as part of prima facie case of disparate impact - 5.251

  • Statistical evidence as part of prima facie case - in general - 5.251.10

    • Four-fifth's rule - 5.251.20

    • Groups to be compared by statistical evidence - 5.251.40

    • Two standard deviations - 5.251.30

• Disparate treatment, statistical evidence as part of the fourth prong of the prima facie case of disparate treatment - 4.573

• Equal Pay Act, plaintiff can rely on statistical evidence - 14.331

• Expert not required - 10.331.10

• General principles - 10.331

• Regression analysis - 10.333

• Sample size - 10.332

• Standard deviation, definition of - 5.251.50

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Statute of limitations (for filing a lawsuit, not an administrative charge)

• Abbreviated, parties can agree to an abbreviated statute of limitations - 9.111

• ADA, length of filing period - 9.122

• ADEA

  • Statute of limitations (for non-federal employee) - 9.121.10

  • Statute of limitations where federal employee pursues EEOC remedies before filing ADEA action - 9.121.20

  • Statute of limitations where federal employee brings direct ADEA action - 9.121.30

• Affirmative defense, statute of limitations is an affirmative defense - 9.112

• Continuing violation involving an Equal Pay Act claim - 9.141.10

• Equal Pay Act, length of filing period - 9.123

  •  Length of filing period for a willful violation - 9.123.10

• Equitable estoppel - 9.143

• Equitable tolling - 9.144

  • Attorney mistake as a basis for equitable tolling - 9.144.10

  • EEOC mistake as a basis for equitable tolling - 9.144.20

• Family and Medical Leave Act (FMLA), length of filing period - 9.126

• For pages addressing the timeliness of an administrative charge, see "Exhaustion of administrative remedies" this index

• 42 U.S.C. § 1981

  • 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

• 42 U.S.C. § 1983 - 9.125

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

• Lapsed claim cannot be revived by filing new EEOC charge - 9.160

• Nonsuit, effect of a nonsuit or dismissal without prejudice - 9.150

• Rehabilitation Act, length of filing period - 9.127

• Right-to-sue letter (see, this index)

• Title VII, length of filing period - 9.128

  • Title VII filing period is not jurisdictional - 9.128.10

• Waiver of limitations period - 9.142

• When does filing period begin to run?

  • Accrual, when cause of action accrues - 9.134

    • Question of federal law - 9.134.10

  • Constructive discharge - 9.135.10

  • Discrete acts - 9.132

    • Request for accommodation is a discrete act - 9.132.10

  • Non-discrete acts - 9.133

    • Applicability of National Railroad to 42 U.S.C. § 1981 - 9.133.10

  • See, "Right-to-sue letter" (this index)

  • Tolling during application for class certification - 9.135.20

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Statutory cap on damages

• See, "Damages" (this index)

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Statutory interpretation

• Interpreting employment discrimination law statutes - 3.210

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Stress disorder / anxiety

• Anxiety or stress disorder (as a medical impairment) - 13.251.04

• Post Traumatic Stress Disorder (cases addressing particular impairments) - 13.251.25

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Subject matter jurisdiction

• Title VII filing period is not jurisdictional - 9.128.10

• Whether the "number of employees" is an issue of subject matter jurisdiction - 2.222

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Substantially limits

• Substantially limits (see "Disability" this index)

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Substantially younger

• Substantially younger - 12.210

  • Court considers age of the "permanent replacement" - 12.213

  • Employer's knowledge of age discrepancy - 12.211

  • Older temporary replacement chosen as subterfuge - 12.212

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Successor liability

• Successor liability - 2.260

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Sufficient evidence of discrimination prong (fourth prong)

• Overview of sufficient evidence of discrimination prong - 4.570

• Must the person treated more favorably be outside the protected class? - 4.571

  • ADEA cases - 4.571.10

  • Reduction in force cases - 4.571.20

  • What if one decisionmaker fires plaintiff and another hires the replacement? - 4.571.30

  • Other exceptions to requirement that replacement not be a member of the protected class - 4.571.40

• Definition (or analysis) of similarly situated at prima facie case stage - 4.572

  • Cherry pick, plaintiff cannot "cherry pick" her comparators - 4.572.60

  • Jury question, determination of "similarly situated" is a jury question - 4.572.10

  • Employee's perception not relevant 4.572.30

  • Male and female sexual harassers are not similarly situated where female's misconduct does not result in complaints - 4.572.81

  • Pool of applicants, plaintiff is compared to pool of applicants as opposed to the successful applicant - 4.572.40

  • Supervisors, difference in supervisors - 4.572.70

  • When is someone "replaced"? - 4.572.20

  • Whether fourth prong requires proof that similarly situated person was treated more favorably? - 4.572.50

• Position remained open - 4.574

• Statistical evidence as part of the fourth prong of the prima facie case - 4.573

• Temporal proximity in pregnancy discrimination cases - 4.575

  • Is temporal proximity, alone, sufficient - 4.575.10

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Summary judgment

• See, "Dispositive motions" (this index)

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Suspension

• Suspension (wrongful) prima facie case - 4.533.30

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