DCI Consulting Blog

The case is Hively v. Ivy Tech Community College decided on July 28, 2016. The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000. Subsequently, she applied for six different full time...

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

On June 15, 2016, OFCCP published its final rule updating the sex discrimination guidelines (41 C.F.R. part 60-20) from their period of dormancy since the 1970s. The long-awaited revisions, while reinforcing already-established sex discrimination...

Two recent OFCCP settlements emphasize the importance of monitoring adverse impact throughout all steps of the hiring process: Gordon Food Service (GFS) and The Aqualon Company.

GFS, a food distribution company, implemented a hiring process that...

The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...

As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...

There are two cases here. The first case was in 1993 and the second one covered 2002 to 2005. An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...

The 31st Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 14-16, 2016 in Anaheim, California. This conference brings together members of the I/O community, both practitioners and academics, to...

On May 2, 2016, the U.S. Office of Personnel Management (OPM) published in the Federal Register a proposed rule with request for comments. Comments must be received on or before July 1, 2016. Under the proposed rule, early inquiries (e.g., during...

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

The settlement, announced on February 22, 2016, calls for, among other things, payment of $86,000 to 74 black applicants from the period between March 2007 and February 2008, as well as the promise to offer jobs to seven of the class members as they...

In a recent alert, I summarized the results of Chavez v. Credit Nation Auto Sales, a Title VII case decided by the 11^th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  I also noted a prior 11^th Circuit 14^th Amendment ruling in Glenn v. Bumbry