Welcome to the DCI Consulting Blog

Art Gutman, Ph.D.

Recent Posts

GAO Orders Changes in how OFCCP Selects Contractors for Audits

September 29, 2016

In a report released on 9/22/16, the Government Accountability Office (GAO) offered a rather stinging criticism of how the OFCCP selects contractors for audit and recommended (or should we say ordered) changes in the process.  The GAO describes the...

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GAO Orders Changes in how OFCCP Selects Contractors for Audits

September 29, 2016

In a report released on 9/22/16, the Government Accountability Office (GAO) offered a rather stinging criticism of how the OFCCP selects contractors for audit and recommended (or should we say ordered) changes in the process. The GAO describes the...

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016.  The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000.  Subsequently, she applied for six different full time...

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016. The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000. Subsequently, she applied for six different full time...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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Supreme Court Supports University in 4-3 Vote Fisher v. University of Texas

June 27, 2016

The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...

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Bank of America Fights Back

June 03, 2016

As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...

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OFCCP v. Bank of America - 23 Years Later

May 31, 2016

There are two cases here.  The first case was in 1993 and the second one covered 2002 to 2005.  An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...

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Updated Fact Sheet on EEOC Litigation Regarding Title VII and LGBT-Related Discrimination

April 15, 2016

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

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OFCCP Settles With Reynolds Consumer Products On Blanket Exclusions Based on Criminal Background Checks

February 26, 2016

The settlement, announced on February 22, 2016, calls for, among other things, payment of $86,000 to 74 black applicants from the period between March 2007 and February 2008, as well as the promise to offer jobs to seven of the class members as they...

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EEOC On Warpath Against Transgender Discrimination

February 02, 2016

In a recent alert, I summarized the results of Chavez v. Credit Nation Auto Sales, a Title VII case decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  I also noted a prior 11th Circuit 14th Amendment ruling in Glenn v....

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