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Art Gutman, Ph.D.

Recent Posts

Third Circuit Rules In Favor Of Subgroup Comparisons In ADEA Adverse Impact Claims

March 24, 2017

The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 [849 F.3d 61]. Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations in a RIF.  There was no layoff plan.  In the words of...

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Eleventh Circuit Issues Critical Ruling on Sexual Orientation Discrimination

March 23, 2017

The case is Evans v. Georgia Regional Hospital decided on 3/10/17 [2017 U.S. App. LEXIS 4301].  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc ruling by all available 11th Circuit judges. ...

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For Whom The Clock Tolls

March 22, 2017

The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio [2017 U.S. Dist. LEXIS 37912].  Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio University, was denied tenure by Dean...

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Judge Neil Gorsuch’s Record on Employment Law As a 10th Circuit Court Judge

February 07, 2017

In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.*  By my count, 9 were favorable to employers and four were fully or partially favorable to employees.  Sizing up a potential justice is, of course, more than...

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Supreme Court to Review Rulings on Arbitration Agreements that Preclude Class Action Lawsuits

January 20, 2017

Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two...

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Jones et. al. v. Boston Police Department: A Case of Hair Splitting

January 20, 2017

This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse...

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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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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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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.

 

The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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OFCCP SUES PALO ALTO TECH COMPANY FOR SYTEMIC DISCRIMINATION IN HIRING

October 04, 2016

On 9/21/16 the OFCCP filed suit with the Office of ALJs against Palo Alto Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in comparison to Non-Asian applicants for three...

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