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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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OFCCP’S REGULATORY AGENDA: WHAT WILL 2014 BRING?

January 28, 2014

[Editor's note: This blog entry was originally posted on December 17, 2013.]

The Department of Labor’s (DOL) semiannual regulatory agenda was released on November 26, 2013. With the year 2013 coming to an end, let’s take a look at what the OFCCP...

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EEOC WRITES INFORMAL LETTER TO INMATE SCHEDULED FOR RELEASE

January 07, 2014

The informal letter (available here) is in response to a request for information from the EEOC about apprentice training programs and employment training for ex-offenders. The original request was written by an inmate scheduled to be released after...

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Employer Fails To Justify Rescinding Job Offer After Medical Exam

January 07, 2014

The case is LaFata v. Dearborn Heights School District No.7, decided by District Court Judge Patrick J. Duggan of the Eastern District of Michigan, Southern Division.

The facts of the case are that Adam LaFata, was working for the school district...

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Failure To Engage In Interactive Process Not Justified By “No Call, No Show” Policy

January 07, 2014

The case is Price v. Berkshire Farm Center and Services for Youth, decided by District Court Judge Lawrence E. Kahn of the Northern Division of New York.

The facts of the case are somewhat absurd. Price, an employee at the youth services center,...

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OFCCP Enforcement: The Year 2013 in Review

December 17, 2013

The year 2013 has been anything but quiet on the OFCCP enforcement front for the federal contracting community. Contractors have certainly been kept on high alert over the past 12 months with the release of the final regulations for protected...

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Recent OFCCP Audit Trends: Steering Cases

December 05, 2013
In light of the recent settlement with G&K, DCI is noting trends in current OFCCP audits related to personnel steering issues. G&K Services Co. settled claims of hiring discrimination with the OFCCP earlier this month, including $265,983 in back pay...
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503 and VEVRAA Audit Activity: New Regulations Overshadowing Current Regulations?

December 05, 2013
With the new 503 and VEVRAA regulations looming around the corner, we have recently experienced audits with an increased interest in the ‘raw’ data behind federal contractor’s outreach efforts. In fact, data requests are going beyond the narrative...
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Sexual Harassment And Social Media: A Virtual Disaster

December 05, 2013
The case is Debord v. Mercy Health Systems of Kansas decided by the 10th Circuit on 11/26/13 [2013 U.S. App. LEXIS 23733]. For those who do not have access to Lexis/Nexis, the case may be viewed here.
The plaintiff (Sara Debord) claimed she was...
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Religious Discrimination via E-Mail: Another Virtual Disaster

December 05, 2013

The case is Ogle v. Indiana Department of Workforce Development (IDWD), decided on 11/20/13 by district court Judge Tanya Walton Pratt [2013 U.S. Dist. LEXIS 165325]. For those who do not have access to Lexis/Nexis, the case may be viewed.

Ronald...

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SENATE TO VOTE ON THE EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)

November 12, 2013
A variety of news sources reported that Senate Majority Leader Harry Reid announced on the Senate floor on October 28, 2013 that ENDA is among the legislative priorities of the Senate, and that a vote will take place on the bill (S-815) prior to...
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EEOC SETTLES CASE ON HARASSMENT AND SPEAK-ENGLISH-ONLY RULES

November 12, 2013
The EEOC announced a settlement for $450,000 ($50,000 in attorney fees) for 18 Hispanic employees on grounds of harassment based on national origin and for a Speak-English-Only rule that the EEOC found had an adverse impact on Hispanics and...
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