Welcome to the DCI Consulting Blog

Art Gutman, Ph.D.

Recent Posts

Summary Judgment on ADA Claim Overturned Using Relaxed Standards Americans With Disabilities Amendments Act (2008 - ADAAA)

January 26, 2016

The case is Cannon v. Jacobs Field Services (JFS) decided on January 13, 2016 by the 5th Circuit Court [2016 U.S. App. LEXIS 531].  The facts of the cases were that JFS made Michael Cannon, a mechanical engineer with 20 years experience, a...

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Terminated Transgender Employee Raises Triable Sex Discrimination Issue Under Title VII Mixed-Motive Theory

January 25, 2016

The case is Chavez v. Credit Nation Auto Sales decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  This is not the first time the 11th Circuit has ruled in favor of a terminated female transgender employee.  The 11th Circuit...

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City of Boston Loses on Adverse Impact in Promotion Part 2

December 10, 2015

The case is Smith et. al. v. City of Boston, decided on November 16, 2015 by Judge William G. Young of the District of Massachusetts [2015 U.S. Dist. Lexis 154468].  The challenge was to a multiple-choice test for promotion from police sergeant to...

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EEOC Prevails in Age Discrimination Case Against Darden Restaurants

November 11, 2015

The case is EEOC v. Darden, decided on November 9, 2015 by Judge Joan A. Lenard of the Southern District of Florida [2015 U.S. Dist. Lexis 1498970].  The defense issued a motion to dismiss, which Judge Lenard denied.  Judge Lenard also ordered...

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Female Fails to Prove Wage Discrimination Based on Prior Salary

November 05, 2015

The case is Muriel v. SCI Arizona Funeral Services decided October 30, 2014 by District Court Judge Douglas L. Rayes of the District Court of Arizona (2015 U.S. Lexis 147510).  The case is not important so much for the outcome, which was summary...

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Governor Jerry Brown Signs the California Fair Pay Act (CFPA) Into Law

November 03, 2015

The CFPA was signed into law on October 6, 2015 and may be read in its entirety here. It is a relatively short statute and an easy read.  The CFPA is an amendment to a prior statute written in 1949 and has many of the key features of the Federal...

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BMW Agrees to 1.6 Million Dollar Settlement with EEOC On Its Criminal Background Check Policy

October 08, 2015

The consent decree was approved on 9/8/15 by Judge Henry M. Herlong of the District of South Carolina and may be viewed here.

A summary of the decree was also issued by the EEOC that may be viewed here.

Briefly, after BMW switched to a new logistics...

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EEOC Ordered to Pay Court Costs to Freeman

October 06, 2015
“Gotta Know When To Fold Em”

The Freeman case has been discussed in prior Alerts dated 8/22/12, 9/4/13, 3/3/14 and 3/2/15. In the most recent ruling, decided on 9/4/15, District Court Judge Titus of Maryland ruled that the EEOC owes $938,771.50 to...

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Target Agrees to 2.8 Million Dollar Settlement with EEOC

September 02, 2015

The settlement was announced on 8/24/15 in an EEOC news release, which may be read at http://www.eeoc.gov/eeoc/newsroom/release/8-24-15.cfm. The EEOC alleged that three employment assessments formerly used by Target have adverse impact based on race...

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Does Supreme Court Ruling on Gay Marriage Have Implications for the Workplace?

July 30, 2015

The case is OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL. and I’m sure the world knows it was a 5-4 ruling to legitimize gay marriage.  It was a combo 14th/5th Amendment ruling (equal rights in state agencies on the 14th,...

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Does Supreme Court Ruling in EEOC v. Abercrombie & Fitch (ANF) Have Implications For the ADA?

June 17, 2015

There have been a number of blog reports since the EEOC v. ANF ruling suggesting that this case has implications for the ADA. I do believe there are general implications for the rules on religious accommodation related to the ADA.  This includes,...

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Supreme Court Rules In Favor Of Female Muslim Applicant In EEOC v. Abercrombie & Fitch (ANF)

June 15, 2015

The ruling, which was 8 to 1, with Justice Thomas dissenting (in part), was decided on 6/1/15 [2015 U.S. LEXIS 3718].  If you read it too quickly, you might think it’s your typical religious accommodation case --- it’s not.  And forgive me at the...

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