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EEOC Hearing on Big Data: Thoughts on Present and Future Usage

November 15, 2016

On October 13, 2016, a wide variety of experts, ranging from data scientists to lawyers, testified at the EEOC to highlight the implications of big data for the American workplace. Big data, as defined by the EEOC press release, includes “the use of...

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EEOC Wins Major Victory Regarding Harassment Based On Sexual Orientation – Part I

November 14, 2016

This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized ...

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11th Circuit Rules Adverse Impact Is Not a Viable ADEA Claim for Applicants

November 11, 2016

The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

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DCI Attended the SHRM D&I Conference

November 10, 2016

DCI Consulting Group (DCI) had representatives attend the SHRM Diversity and Inclusion (D&I) conference held October 25-27, 2016 in Austin, TX. A draw for the conference was to hear from business leaders on D&I initiatives, such as aligning D&I...

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OFCCP Updates between Administrations

November 09, 2016

The election has passed, and soon there will be changes at OFCCP. These changes primarily include a new politically appointed OFCCP Director and the shifts this new leadership will bring with it. Looking forward, we have noted recent changes in the...

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GAO OFCCP Recommendations: Have We Met Before?

November 07, 2016

In light of Pat Shiu’s recent departure from OFCCP (as of 11/6/16) and the continuous buzz around the OFCCP-focused GAO report, we wonder… what’s next? As a follow-up to DCI’s 9/29/16 blog, we wanted to share some interesting similarities between...

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Camp v. Bi-Lo LLC 6th Circuit Rules That Essential Job Functions Must Be Proven

November 04, 2016

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time.  He worked the night shift...

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Sequel To OFCCP Lawsuit Against Palantir A Note on Word-Of-Mouth Recruitment

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company.  The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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