Welcome to the DCI Consulting Blog

Art Gutman, Ph.D.

Recent Posts

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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OFCCP TO RELEASE FINAL RULE ON GENDER IDENTITY DISCRIMINATION

December 02, 2014

The OFCCP reported it will release final rules on, among other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice).  The initial directive on gender...

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EEOC SET TO ADDRESS GENDER PREFERENCE AS "SEX STEREOTYPING"

November 26, 2014

The Employment Non-Discrimination Act (ENDA), a proposed bill in each Congress since 1994, is about to fail for what, by my count, would be the 11th time.  The bill was proposed to amend Title VII to treat lesbian, gay, bisexual and transgender...

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DOLLAR GENERAL AGREES TO 4 MILLION DOLLAR SETTLEMENT FOR IMPROPER USE OF BACKGROUND CREDIT INFORMATION

October 31, 2014

 The case is Marcum v. Dolgencorp (E.D. Va., No. 12-108, 10/16/14) and the reason for the settlement has nothing to do with adverse impact.  The basis of the settlement is the Fair Credit Reporting Act (FCRA).  The following is a brief overview of...

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IMPLICATIONS OF LOPEZ V. CITY OF LAWRENCE FOR ALTERNATIVES WITH LESS (OR NO) ADVERSE IMPACT

September 30, 2014

On September 5, 2014, Judge D.J. O’Toole of the District Court of Massachusetts delivered the latest ruling on alternatives to reduce adverse impact after a defendant has successfully proven the challenged test is job related and consistent with...

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PRESIDENT OBAMA AMENDS EXECUTIVE ORDERS 11246 & 11478 AFFORDING PROTECTIONS FOR LGBT & SEXUAL ORIENTATION

July 23, 2014

The amendments were issued on July 21, 2014 amid controversy regarding who is who is not exempted.  The first amendment includes gender identity and sexual orientation as protected groups in EO 11246, which applies to federal contractors, and the...

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NO HARM, NO FOUL DEFENSE REJECTED IN ADA CASE

July 22, 2014

The case is EEOC v. Grane Healthcare Company, which has three iterations, all at the district court level.  These include an initial ruling on March 15, 2013 [2013 U.S. Dist. LEXIS 35869], and two rulings on July 7, 2014 [2014 U.S. Dist. LEXIS 28477...

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COUNTY AND UNION FOUND GUILTY OF RETALIATION

July 21, 2014

The case is Booth v. Pasco County, Florida and Association of Firefighters Local 4420 decided on July 3, 2014 [2014 U.S. App. LEXIS 12838].  The facts of the case are that Anthony Booth filed a grievance against the captain of his fire station...

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9TH CIRCUIT OVERTURNS LOWER COURT RULING ON COMMONALITY IN CLASS ACTION CERTIFICATION IN AN ADEA ADVERSE IMPACT CLAIM

June 30, 2014

The case is Stockwell v. City & County of San Francisco decided on April 24, 2014 [749 F.3d 1107].  First the facts.  In the early 1980s, the City of San Francisco settled a Title VII adverse impact case in a consent decree that was terminated in...

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HOUSE REPUBLICANS CRITICIZE EEOC ON CRIMINAL BACKGROUND CHECKS AND ENFORCEMENT TACTICS

June 23, 2014

The criticisms were leveled during an oversight meeting on June 10, 2014 of the Subcommittee on Workforce Protections chaired by Time Walberg (R-Mich.).  The entire hearing may be viewed at here. Among various witnesses, Lucia Bone, founder of Sue...

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