Welcome to the DCI Consulting Blog

Art Gutman, Ph.D.

Recent Posts

SOME THOUGHTS ON OFCCP'S SECTION 503 REVISED REGULATIONS REGARDING "INVITATION TO SELF-IDENTIFY AS IWDs (INDIVIDUALS WITH DISABILITIES)"

May 05, 2015

This issue is beginning to give me some heartburn.  I’ve had dozens of inquiries this past year about the new “OFCCP’s New Regulation to Improve Job Opportunities for Individuals with Disabilities (see ...

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SUPREME COURT RULING IN YOUNG V. UPS: A MAJOR VICTORY FOR PREGNANT EMPLOYEES

April 12, 2015

The facts of the case are that Peggy Young, a part-time truck driver for UPS, became pregnant and was restricted by her doctor from lifting more than 20 pounds (the standard UPS requirement being 70 pounds).  UPS offered Young unpaid pregnancy leave...

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4th Circuit Affirms Lower Court Ruling in EEOC v. Freeman

March 02, 2015

We have discussed the Freeman case in several Alerts (8/22/12, 9/14/13 & 3/3/14).  The challenge was to Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a...

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LOWES WINS SUMMARY JUDGEMENT ON APPLICANT'S CHALLENGE ON EXCLUSION BASED ON CRIMINAL BACKGROUND CHECK

February 27, 2015

The case is Williamson v. Lowe’s, decided on 2/24/15 by Judge Susan Oki Mollway of the District Court of Hawaii [2015 U.S. Dist. LEXIS 13170].  The case was decided under Hawaii State Law (Section 378-2 of the Hawaii Revised Statutes).  Williamson...

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ALLSTATE SIDESTEPS RETALIATION CLAIMS BY OFFERING AGENTS WAIVER AGREEMENT

February 24, 2015

The case is EEOC v. Allstate, decided by the 3rd Circuit on 2/13/15 [2015 U.S. App. LEXIS 2330].  Historically, Allstate agents worked through Sears and/or company owned offices via employment contract.  Subsequently, in one reorganization, new...

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SUPREME COURT ORAL ARGUMENTS ON EEOC V. MACH MINING

January 19, 2015

The facts of the case are that Brooke Petkas and a class of female applicants for non-office jobs at Mach Mining sued Mach Mining, arguing that the company had never hired even a single female for non-office jobs.  In fact, the company did not even...

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NATIONAL EMPLOYMENT LAW PROJECT (NELP) RELEASES LATEST RESULTS ON "BAN THE BOX" LAWS

January 16, 2015

The term “Ban The Box” refers literally to the “box” on employment application forms that reference criminal background checks.  On January 15, 2015 NELP updated from its 2013 report its latest figures on states, counties, and municipalities that...

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SCHOOL JANITOR WITH ASPERGER'S DISORDER IS DEEMED REGARDED AS BEING DISABLED

January 12, 2015

The case is Bellerose v. SAW No.39, decided by Judge Paul Barbadoro of the District Court of New Hampshire on 12/29/14 [2014 U.S. Dist. LEXIS 177718]. The facts of the case are that Bellerose, a school janitor, had difficulty communicating with his...

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DOJ Joins Chorus on Gender Stereotyping

January 05, 2015

In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender (LGBT) individuals in accordance with President Obama’s Executive Order 13672. We also noted that...

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EEOC ORDERED TO REVEAL INFORMATION REGARDING ITS OWN BACKGROUND CHECK POLICY IN EEOC V. BMW CASE

January 02, 2015

The ruling was issued on 12/8/14 by Judge Henry M. Herlong, Jr. of the District Court of South Carolina, Spartanburg Division. The ruling overturns a prior magistrate’s ruling that BMW failed to show that the request would help the company prove...

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ANOTHER EXAMPLE OF THE "BECAUSE OF SEX" STANDARD

December 30, 2014

The case is Rickard v. Swedish Match N. America, in which the 8th Circuit affirmed summary judgment for Swedish Match on 12/2/14.  The case involved claims of both sexual and age harassment, but for present purposes, the focus is on the sex claim.  ...

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6th CIRCUIT'S RULING IN JOHNSON V. CITY OF MEMPHIS: END OF THE LINE FOR ALTERNATIVES WITH LESS (OR NO) ADVERSE IMPACT

December 12, 2014

Recently, I wrote two Alerts related to Lopez v. City of Lawrence [2014 U.S. Dist. LEXIS 124139]. One of the Alerts related to the implications of District Court Judge D.J. O’Toole’s ruling against aggregation of data for purposes of proving adverse...

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