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OFCCP Onsite Reviews: Back And Better Than Ever

April 01, 2014

OFCCP onsite visits had previously been on the decline, and were virtually non-existent as recently as fiscal year end 2013. However, onsite visits appear to be back, and OFCCP is focusing on compensation. This is not surprising given the agency’s...

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House of Representatives Inquires About DOL's Future Plans for LGBT

April 01, 2014

In a letter addressed to Secretary of Labor Thomas Perez, 19 Democrats from the House of Representatives inquired about the extent to which the Department of Labor (DOL) plans to include lesbian, gay, bisexual, and transgender (LGBT) individuals in...

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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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ARE THE NEW 503 AND VEVRAA METRICS A PART OF THE DESK AUDIT?

March 17, 2014

One interesting and unanswered question, related to the new 503 and VEVRAA regulations, concerns what information would be required for submission to OFCCP as part of the desk audit. Because OFCCP’s scheduling letter defines what is required as part...

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$26.1 Million Awarded 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 February 26, 2014.

Snay, a former headmaster at Gulliver Schools, sued for age discrimination under Florida State law after his contract was not renewed. The...

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ORGANIZATIONAL PROFILE 101: WHO’S THE BOSS?

March 03, 2014

During a recent audit experience, a compliance officer insisted that the workforce analysis was incorrect because a supervisor (including name) was not listed for each department. We thought it would be a great time to provide a quick refresher...

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4TH CIRCUIT FIRST TO RULE ON ADAAA PROVISION RELATED TO TEMPORARY IMPAIRMENTS

March 03, 2014

The case is Summers v. Altrium Institute [2014 U.S. App. LEXIS 1252] decided on 1/23/14 by the 4th Circuit. Summers was a senior analyst at Altrium when he had an unfortunate accident stepping out of a train in which he fell on the platform and...

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9TH CIRCUIT ENDORSES LARGE AWARD FOR ATTORNEY FEES FOR RELATIVELY PUNY AWARD FOR PLAINTIFF CLAIM

March 03, 2014

The case is Muniz v. United Parcel Service [738 F.3d 214], decided on 12/5/13. The facts are that Kim Muniz, who was first promoted to division manager, was subsequently demoted two levels to supervisor. Muniz claimed that a male manager convinced a...

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SUMMARY JUDGMENT OVERTURNED IN RACE & SEX CLAIM FOR BLACK FEMALE REPLACED BY HISPANIC FEMALE

March 03, 2014

The case is Shazor v. Professional Transit Management decided by the 6th Circuit on 2/19/14 [2014 U.S. App. LEXIS 2943]. The facts of the case are that Professional Transit Management (PTM), a provider of management services to transit authorities...

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Federal Magistrate Orders Voluntary Remand In ARB Ruling Against Frito-Lay

March 03, 2014

The ruling, which was handed down on 2/11/14 by US Magistrate Judge David L. Horan in and for the District Court of the Northern District of Texas.

The facts are that OFCCP initiated a compliance review of Frito-Lay’s Dallas Baked facility on July...

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EEOC V. FREEMAN ROUND 3: EEOC Appeals Summary Judgment

March 03, 2014

This is our third Alert on EEOC v. Freeman, in which the EEOC has charged that Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a pattern or practice of...

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