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Art Gutman, Ph.D.

Recent Posts

8TH CIRCUIT COURT ENDORSES NARROW INTERPRETATION OF BEING "SIMILARLY SITUATED"

June 16, 2014

The case is Young v. Builder’s Steel decided on 6/9/14 [2014 U.S. App. LEXIS 10643] and may be viewed here. The facts of the case are that Michael Young was the only black employee in a 23-person shop in Kansas City in which he worked for 26 years...

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PLAINTIFF AWARDED $1.35 MILLION IN REVERSE DISCRIMINATION LAWSUIT

June 16, 2014

The case is Barella v. Village of Freeport, the facts of which are described in district court rulings on November 8, 2013 [2013 U.S. Dist. LEXIS 160268] and April 26, 2014 [2014 U.S. Dist. LEXIS 58827].  The judgment was based on a jury trial and...

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OKLAHOMA PASSES LAW RESTRICTING ACCESS TO SOCIAL MEDIA ACCOUNTS OF EMPLOYEES

May 27, 2014

We have previously reported on two “disasters” related to the misuse of social media information (see Alerts dated 12/5/13 & 3/17/14).  Now we have news that Oklahoma Governor Mary Fallin signed a bill that places restrictions on employers seeking...

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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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SUPREME COURT RULES IN FAVOR OF MICHIGAN VOTER BAN ON RACE PREFERENCE IN SCHUETTE v. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong.  I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling).  Instead it was a 6-2 ruling with Kennedy,...

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COURT RULES THERE IS NO LEGAL BASIS FOR CLAIMING REVERSE DISCRIMINATION UNDER THE ADA

April 29, 2014

The case is Ingram v. Henry Ford Health Systems decided on 4/21/14 by Judge Nancy G. Edmunds of the U.S. District Court for the Eastern District of Michigan [2014 U.S. Dist. LEXIS 54857].  The facts of the case are that Ingram, a supervisor,...

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BED BATH AND BEYOND AGREES TO $125,000 SETTLEMENT FOR POLICY THAT AUTOMATICALLY EXCLUDES APPLICANTS WITH FELONY CHARGES

April 29, 2014

New York State Attorney General Eric T. Schneiderman announced on 4/22/14 that Bed Bath & Beyond agreed to rescind its policy to automatically exclude applicants with felony convictions and to pay $125,000 as part of the settlement, to include...

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SPLIT 6TH CIRCUIT PANEL OVERTURNS SUMMARY JUDGMENT RULING ON WORKING AT HOME AS A REASONABLE ACCOMMODATION

April 29, 2014

The case is EEOC v. Ford Motor Company decided by a 2-1 split ruling by the 6th Circuit on 4/22/14 [2014 U.S. App. LEXIS 7502].  The case is important because historically, circuit courts, including the 6th Circuit, have routinely held that working...

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EEOC LOSES APPEAL IN KAPLAN CASE

April 15, 2014

I reported on district court ruling EEOC v. Kaplan Higher Learning in an Alert dated 3/21/13, in which Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division awarded summary judgment to Kaplan on EEOC’s...

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98 MILLION DOLLAR SETTLEMENT IN UNITED STATES v. NYC FIREFIGHTER CASE

April 01, 2014

We first reported on this case in an Alert on August 12, 2010.  The case is interesting because it is a long-running adverse impact case that ultimately morphed into a disparate treatment case.  Originally, the DOJ challenged two entry-level exams...

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CALIFORNIA JURY AWARDS $26.1 MILLION TO FIRED EMPLOYEE IN AGE DISCRIMINATION CASE

March 17, 2014

The case is Nickel v. Staples Contract and Commercial, Inc. (Shegerian and Associates) decided on 2/27/14 in Los Angeles County Superior Court. A summary of the case may be viewed here.

As reported by the plaintiff’s attorneys (Shegerian and...

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YET ANOTHER SOCIAL MEDIA DISASTER: FACEBOOK POST BY FAMILY MEMBER VIOLATES CONFIDENTIALITY AGREEMENT

March 17, 2014

The case is Gulliver Schools v. Snay decided in the Florida District Court of Appeals on 2/26/14. The ruling in this case may be viewed here.

Snay, a former headmaster at Gulliver Schools, sued for age discrimination under Florida State law after...

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