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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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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
