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...
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May 07, 2013
April 23, 2013
The case is EEOC v. Bass Pro Outdoor World (BPOW) decided on March 18, 2013 by District Court Judge Keith B. Ellison of the District of Texas, Houston Division [2013 U.S. Dist. LEXIS 36711]. As far as pattern or practice cases go, this one is not...
April 09, 2013
OFCCP’s recent webinars on Directive 307 stated that compensation investigations will focus on individual race/ethnicity differences. If that is the case, a number of analytic questions require clarification.
- Is the comparator group “White” or is...
April 09, 2013
OFCCP’s Directive 307 outlines policies for evaluating compensation data that depart in three primary ways from guidance presented in the rescinded Compensation Standards:
- No requirement to construct and analyze compensation data by Similarly...
April 09, 2013
The case is Schuette v. Coalition to Defend Affirmative Action, which the Supreme Court granted certiorari on March 25, 2013 [2013 U.S. LEXIS 2504]. The case involves an amendment to the Michigan State Constitution that would prohibit all sex and...
March 25, 2013
The case is EEOC v. Grane Healthcare, decided on 3/25/13 by Judge Kim R. Gibson of the Western District of Pennsylvania [2013 U.S. Dist. LEXIS 35869]. The case itself is a class action suit by the EEOC alleging that two healthcare providers (Grane...
The case is EEOC v. Kaplan Higher Learning decided on January 28 by Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division (2013 U.S. Dist. LEXIS 11722). The EEOC claimed that Kaplan’s use of credit...
March 18, 2013
The report was released on March 14, 2012 and may be viewed at https://www.census.gov/newsroom/releases/archives/american_community_survey_acs/cb12-51.html. The report is based on statistics between 2008 and 2010, which may be viewed at ...
March 08, 2013
by Art Gutman Ph.D., Professor, Florida Institute of Technology
The letter was written on February 20, 2013 and signed by more than 50 organizations.
The letter quoted from President Obama’s second inaugural address in which he stated “our journey...
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Phipps v. Wal-Mart, decided on 2/20/13 by Judge Aleta A. Trauger of the District Court for the Middle District of Tennessee, Nashville Division [2013 U.S. Dist. LEXIS 22684]....
March 08, 2013
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Bill was introduced by Congressman Rodney Alexander, Republican from Louisiana. The stated purpose of the bill is:
To provide that a certain proposed rule published by the Office...
