DCI Consulting Blog

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...

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...

The case is Rickard v. Swedish Match N. America, in which the 8^th 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.  ...

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...

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other things, gender identity and, more generally, sex discrimination which, by its own admission, are 30 years old and out of date (see the formal notice).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...

Recent contractor feedback related to Good Faith Efforts (GFE) toward individuals with disabilities and veterans suggests that the process of engaging in, tracking, and evaluating such efforts varies depending on the size of the contractor and/or...

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 11^th time. The bill was proposed to amend Title VII to treat lesbian, gay, bisexual and transgender...

A month and a half has now passed since the release of the new scheduling letter, and the OFCCP has finally provided federal contractors with some guidance on submission of employee compensation data under ‘Item 19’ of the itemized listing. The...

Art Gutman recently summarized the ruling in Lopez v. City of Lawrence, a police promotion disparate impact case. In this case, a district court judge ruled in favor of the employer along multiple dimensions, and rejected aggregation of test-taker...

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...

The Veterans’ Employment and Training Service (VETS) of the U.S. Department of Labor has issued the final rule to revise reporting requirements for federal contractors and subcontractors under the Vietnam Era Veterans’ Readjustment Act of 1974, as...

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...