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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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Supreme Court Ruling on Gay Marriage & 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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OFCCP Alleges Discrimination and Harassment in New ALJ Complaint

June 24, 2015

OFCCP recently revealed a new lawsuit in this press release. It is important to note that this case has not been decided, but a complaint has been filed with the Office of Administrative Law Judges (ALJ). The allegations set forth are serious, if...

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Blacklisting Executive Order Raises Major Concerns for Contractors

June 22, 2015

Nearly one year has passed since the signing of the Fair Pay and Safe Workplaces Executive Order (EO 13673) by President Obama on July 24, 2014. On May 28, 2015, a news release announced the publication of the proposed guidance issued by the...

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Does 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

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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Supreme Court Rules in Mach Mining V. EEOC

May 13, 2015

The ruling was handed down on 4/29/15 [2015 U.S. Lexis 2984].  I previously reported on the oral arguments in this case in an alert dated 1/19/15. As reported in that Alert, a woman, Brooke Petkas, and a class of female applicants for non-office jobs...

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SUPERVISOR RACIALLY HARASSED BY SUBORDINATE

May 11, 2015

Ordinarily, a subordinate would be nuts to harass a supervisor, particularly if the supervisor has the authority to affect the subordinate’s terms and conditions of employment. There are several such cases. For example, in the most recent of these...

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NEW YORK CITY BANS CREDIT HISTORY CHECKS

May 07, 2015

According to a recent BNA report, the New York City Council, controlled by the Democratic Party, voted 47 to 3 to make credit history checks illegal under the city’s Human Rights Law. Council leaders noted that consumer credit information is often...

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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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Proposed Sex Discrimination Rule: Comment Period Deadline

April 14, 2015

The comment period for the proposed sex discrimination rule ends today, April 14, 2015. The original March 31st deadline was extended, due to the recent U.S. Supreme Court decision in Young v. United Parcel Service. On March 25th, the U.S. Supreme...

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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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