TREATISE INDEX "P"

Pancreatitis
Panic disorder or attacks
Paramour
Partner
Pattern or practice discrimination
Pennsylvania
Pension trust fund
Permanent resident
Personal staff exception
Phobias
Physical exertion
Piggybacking rule (regarding administrative charges)
Police officer
Policymaking government official exception to Title VII
Post Traumatic Stress Disorder
Postal Service
Preemption of employment discrimination laws
Pregnancy discrimination
Pretext
Prima facie case
Procreation / Reproduction
Promotion
Prostate cancer
Protected activity
Protected class
Psoriasis
Psychotherapist-patient privilege
Puerto Rico
Punitive damages

 

Pancreatitis

• Pancreatitis (cases addressing particular medical impairments) - 13.251.22

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Panic disorder or attacks

• Panic disorder or attacks (cases addressing particular medical impairments) - 13.251.23

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Paramour

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

• Termination due to status as paramour - 4.750.11

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Partner

• Whether a partner is an employee - 1.400

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Pattern or practice discrimination

• ADA, statutory authority for pattern or practice suits - 5.321

• Claims brought by government - 5.332

• Class actions - 5.331

• Definition/method of proof - 5.310

• Individual claims - 5.333

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Pennsylvania

• Interaction between federal employment discrimination law and Pennsylvania state law - 23.040

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Pension trust fund

• Whether a pension trust fund can be sued - 2.905

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Permanent resident

• Whether Title VII protects a lawful permanent resident working overseas - 1.908.20

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Personal staff exception

• Personal staff exception to Title VII - 1.600

• Personal staff exemption - 18.551

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Phobias

• Phobia about driving in unfamiliar places (cases addressing particular impairments) - 13.251.24

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Physical exertion

• Physical exertion as a major life activity - 13.223.18

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Piggybacking 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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Police officer

• Whether the position of police officer is a "broad range of jobs" or a "class of jobs" for purposes of determining whether someone is disabled with respect to the major life activity of working - 13.225.32.22

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Policymaking government official exception to Title VII

• Policymaking government official exception to Title VII - 1.600

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Post Traumatic Stress Disorder

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

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Postal Service

• See, United States Postal Service (this index)

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Preemption of employment discrimination laws

• Aviation and Transportation Security Act (Homeland Security) - 24.121

• Foreign Service employees and mandatory retirement - 24.124

• Foreign Sovereign Immunities Act - 9.333

• Foreign treaties allowing discrimination - 24.130

• Railway Labor Act - 24.122

• Security clearances - 24.123

• State secrets doctrine - 24.125

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

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Pregnancy discrimination

• For generic Title VII issues

  • See, "Title VII" (this index)

• Employer's knowledge of pregnancy - 18.332

• Pregnancy (disability cases addressing particular medical impairments) - 13.251.27.20

• Pregnancy discrimination claims analyzed the same way as other claims - 18.331

• Prima facie case, generic pregnancy prima facie case - 4.522

• Title VII statute prohibiting pregnancy discrimination - 18.114

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Pretext

• Adverse action because employer does not like employee - 4.748.10

• Adverse action due to employee's disparaging remarks or lack of respect for employer's authority - 4.748.20

• Affirmative action efforts - 4.803

• Application of Reeves v. Sanderson Plumbing Products, Inc. - 4.711

  • Reduction in force cases - 4.711.10

• Circumstances of adverse action are suspicious

  • Close temporal proximity less probative where employer was merely waiting until employee on leave returned to work before taking action - 4.743.80

  • Failure to follow company rules or policies - 4.743.40

  • Failure to promulgate hiring and promotion policies - 4.743.50

  • Interview issues

    • Failure to ask all applicants the same questions - 4.743.21

    • Interviewer's notes or recollection - 4.743.22

  • Lack of company documents - 4.743.10

  • Pre-selection of another candidate - 4.743.60

  • Request for release - 4.743.90

  • Sudden employer dissatisfaction - 4.743.70

  • Treatment of pregnant employee

    • Failure to congratulate pregnant employee - 4.743.31

    • Failure to inquire as to how to accommodate pregnant employee and soon-to-be new parent - 4.743.32

• Definition of pretext - 4.730

  • Employer's honest belief - 4.731

• Discretion in selecting a management level employee - 4.746.10

• Disparate treatment as evidence of pretext

  • Definition of similarly situated - 4.744.20

    • Plaintiff has burden of proving similarly situated - 4.744.21

    • Whether employees are similarly situated is a fact question - 4.744.22

  • Disparate discipline - 4.744.10

    • Knowledge of decisionmaker - 4.744.11

  • Employee's failure to pass examination excused by futile gesture doctrine? - 4.745.41

  • Employer's disciplinary practices may change over time, which is not evidence of pretext - 4.744.80

  • Full-time vs. part-time employees - 4.744.40

  • Plaintiff cannot ignore similarly situated non-protected employees who were not treated more favorably - 4.744.70

  • Probationary vs. non-probationary employees - 4.744.30

  • Supervisor vs. lower-ranked employee - 4.744.50

• Disparity in qualifications or performance - 4.745

  • Employee's or co-worker's opinion of employee's qualifications or performance - 4.745.10

  • Educational level - 4.745.20

  • Evaluations

    • Applicability of "cat's paw" or "rubber stamp" exception - 4.745.31

    • Employer's decision not to rely on evaluations in making an employment decision - 4.745.34

    • Employer's reliance on more recent performance - 4.745.33

    • Prior evaluations - 4.745.32

• EEOC findings sufficient to create jury question? - 4.748.30

• Employer has right to change employee's duties - 4.748.20

• Employer's business judgment - 4.712

• Evidence of discrimination or pretext may be sufficient to make out a jury question - 4.710

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

• Jury question: Pretext determination normally jury question - 4.722

• Level of proof necessary to establish pretext or jury question - 4.720

• Multiple reasons: If employer gives multiple reasons, must employee establish pretext as to all reasons? - 4.721  

• Pretext, alone, is sufficient to create jury question - 4.711.20

• Pretext determined based on facts as they appeared to decisionmaker - 4.723

• Pretext, alone, may not create jury question - 4.750

• Proffered reason is suspicious

  • Failure to give reason - 4.742.50

  • Inconsistent or changing proffered reasons - 4.742.10

  • Post-hoc or belated identification of reason for adverse employment action - 4.742.20

    • Critical memos prepared after the fact may support finding of pretext - 4.742.21

    • Later elaboration on reasons for adverse employment action - 4.742.22

  • Proffered reason is insufficient motivation - 4.742.30

    • "Insufficient to motivate" is same as "lack of honest belief" - 4.742.31

  • Proffered reason is wrong, unwise or unfair - 4.742.40

    • Proffered reason is reckless or not reasonably informed - 4.742.41

• 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

• Statistical evidence, use of to establish pretext - 4.748.30

  • Racial composition of workforce - 4.748.31

• Subjective reasons, employer's reliance on - 4.746

• Types of circumstantial evidence - 4.741

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Prima facie case

• ADEA prima facie case, generic  - 4.521

• Adverse employment action prong (see "Adverse employment action" this index)

• Consideration of prima facie case after trial on merits - 4.430

• Constructive discharge prima facie case - 4.534.10

• Demotion prima facie case - 4.532.40

• Denial of tenure prima facie case - 4.532.30

• Denial of training prima facie case - 4.533.20

• Discipline (wrongful) prima facie case - 4.533.40

• Failure to hire prima facie case - 4.531.10

  • ADEA failure to hire prima facie case - 4.531.11

• Failure to promote prima facie case - 4.532.10

• Failure to transfer prima facie case - 4.532.20

• Flexibility of prima facie case - 4.512

• Generic prima facie case - 4.520

• Member of protected class prong (see "Protected class" this index)

• Pregnancy prima facie case, generic - 4.522

• Proof necessary to establish prima facie case - 4.511

• Purpose of prima facie case - 4.510

• Qualified for position prong (see "Qualified for position prong" this index)

• Race prima facie case, generic - 4.523

• Reduction in force prima facie case - 4.534.20

  • Mini-RIF prima facie case - 4.534.21

• Religious prima facie case, generic - 4.524

• Sex prima facie case, generic - 4.525

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

• Suspension (wrongful) prima facie case - 4.533.30

• Termination (wrongful) prima facie case - 4.534.30

• Unequal pay prima facie case under Title VII - 4.533.10

• Unequal treatment, generic prima facie case - 4.533.50

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Procreation / Reproduction

• Reproductive function as a major life activity - 13.223.02.11

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

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Promotion

• See, "Failure to promote" (this index)

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Prostate cancer

• Prostate cancer (cases addressing particular medical impairments) - 13.251.10.10

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Protected activity

• See, "Retaliation" (this index)

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Protected class

• ADEA claims - 4.542

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

• Reverse discrimination prima facie case - 4.541

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Psoriasis

• Psoriasis (cases addressing particular medical impairments) - 13.251.26

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Psychotherapist-patient privilege

• Psychotherapist-patient privilege - 7.221

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Puerto Rico

• Interaction between federal employment discrimination law and Puerto Rico "state" law - 23.041

• Puerto Rico as a state for purposes of Eleventh Amendment immunity - 9.321.37

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Punitive damages

• See, "Damages" (this index)

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