The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4701]. In a 7-1 vote (with Justice Kagan not participating), the Court decided that the district used the wrong standard for ruling summary judgment for the university, which, the 5th Circuit...
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June 18, 2013
Art recently described a pay equity ruling that was declined for review by the Supreme Court. At the heart of the ruling was the difference between pay equity under Title VII versus the Equal Pay Act. We thought a follow up blog on the matter would...
Many readers are familiar with the Uniform Guidelines on Employee Selection Procedures (UGESP), which describe the standards by which EEO regulatory agencies evaluate adverse impact analyses and validation evidence in impact cases. Although these...
The case is Davis v. Cintas, decided by the 6th Circuit on 5/30/13 [2013 U.S. App. LEXIS 10856]. This case is very much like Dukes v. Wal-Mart [131 S. Ct. 2541, 112 FEP Cases 769 (2011)], but on a smaller scale. Aside from scale, the claims are...
June 18, 2013
In Moten v. Broward County, Irma Moten, a black female forensic technician with the Broward County Medical Examiner's Office sued for pay discrimination under the EPA and race discrimination under Title VII on the same set of facts: the county hired...
May 21, 2013
There are too many rulings in this case to summarize all of them in a single Alert. So I will stick to what I consider the four major acts in a play that is likely to continue. On May 14, the 2nd Circuit ruled in the latest version (Act IV) of US &...
May 21, 2013
In an ongoing series of blog posts, we will be dissecting portions of Directive 307 to highlight the potential pitfalls with the Directive’s prescriptions for conducting pay equity analyses. At issue this week is OFCCP’s oversight regarding the...
The settlement was reported on April 25, 2013 in a DOL News Brief. For undisclosed reasons, the specifics of the settlement have, as of this writing, not appeared in the OFCCP news site (see http://www.dol.gov/ofccp/). However, other sources,...
May 21, 2013
The settlement was reported on the OFCCP website on April 25, 2013. According to the release, the hiring process favored women for entry-level attendants because of the perception that women are better than men at customer service. This settlement...
Bertucci provides flood control and restoration services and has received more than 80 million in federal contracts related disaster recovery efforts, most notably, in the wake of Hurricane Katrina in 2005 and the British Petroleum oil spill in...
May 07, 2013
To claim protected class membership under the ADA, the individual must prove (a) disability within the meaning of the law (an impairment that significantly restricts a major life activity) and, (b) qualification (ability to perform the essential job...
