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9TH CIRCUIT OVERTURNS LOWER COURT RULING ON COMMONALITY IN CLASS ACTION CERTIFICATION IN AN ADEA ADVERSE IMPACT CLAIM

June 30, 2014

The case is Stockwell v. City & County of San Francisco decided on April 24, 2014 [749 F.3d 1107]. First the facts. In the early 1980s, the City of San Francisco settled a Title VII adverse impact case in a consent decree that was terminated in...

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House Republicans Criticize EEOC on Criminal Background Checks and Enforcement Tactics

June 23, 2014

The criticisms were leveled during an oversight meeting on June 10, 2014 of the Subcommittee on Workforce Protections chaired by Time Walberg (R-Mich.).  The entire hearing may be viewed at here. Among various witnesses, Lucia Bone, founder of Sue...

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8TH CIRCUIT COURT ENDORSES NARROW INTERPRETATION OF BEING "SIMILARLY SITUATED"

June 16, 2014

The case is Young v. Builder’s Steel decided on 6/9/14 [2014 U.S. App. LEXIS 10643]. The facts of the case are that Michael Young was the only black employee in a 23-person shop in Kansas City in which he worked for 26 years before being laid off....

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Plaintiff Awarded $1.35 Million in Reverse Discrimination Lawsuit

June 16, 2014

The case is Barella v. Village of Freeport, the facts of which are described in district court rulings on November 8, 2013 [2013 U.S. Dist. LEXIS 160268] and April 26, 2014 [2014 U.S. Dist. LEXIS 58827].  The judgment was based on a jury trial.

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Take Her to Sea, Director Shiu: New OFCCP Regulations on The Horizon

June 02, 2014

OFCCP is charging full steam ahead as their semiannual regulatory agenda forecasts the imminent publication of four Notices of Proposed Rulemaking (NPRMs) which are tremendously important to the contractor community. In their agenda, issued to the...

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Oklahoma Passes Law Restricting Access to Social Media Accounts of Employees

May 27, 2014

We have previously reported on two “disasters” related to the misuse of social media information (see Alerts dated 12/5/13 & 3/17/14). Now we have news that Oklahoma Governor Mary Fallin signed a bill that places restrictions on employers seeking...

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DCI STAFF TO SPEAK AT 32ND ANNUAL ILG NATIONAL CONFERENCE

May 19, 2014

The 32nd annual Industry Liaison Group (ILG) national conference and exposition will be held on August 5th – 8th in Washington, DC. This year’s conference has been themed “learn from the legacy, while focusing on the future” in honor of the 50 year...

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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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Supreme Court Rules in Favor of Michigan Voter Ban on Race Preference in Scheutte v. Coalition to Defend Affirmative Action

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong. I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling). Instead it was a 6-2 ruling with Kennedy,...

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No Legal Basis For Claiming Reverse Discrimination Under The ADA

April 29, 2014

The case is Ingram v. Henry Ford Health Systems decided on 4/21/14 by Judge Nancy G. Edmunds of the U.S. District Court for the Eastern District of Michigan [2014 U.S. Dist. LEXIS 54857]. The facts of the case are that Ingram, a supervisor,...

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BED BATH AND BEYOND AGREES TO $125,000 SETTLEMENT FOR POLICY THAT AUTOMATICALLY EXCLUDES APPLICANTS WITH FELONY CHARGES

April 29, 2014

New York State Attorney General Eric T. Schneiderman announced on 4/22/14 that Bed Bath & Beyond agreed to rescind its policy to automatically exclude applicants with felony convictions and to pay $125,000 as part of the settlement, to include...

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SPLIT 6TH CIRCUIT PANEL OVERTURNS SUMMARY JUDGMENT RULING ON WORKING AT HOME AS A REASONABLE ACCOMMODATION

April 29, 2014

The case is EEOC v. Ford Motor Company decided by a 2-1 split ruling by the 6th Circuit on 4/22/14 [2014 U.S. App. LEXIS 7502].  The case is important because historically, circuit courts, including the 6th Circuit, have routinely held that working...

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