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Pest Control Company agrees to $2.5 Million Settlement

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe settlement, finalized on 7/17/12, included a class of 486 African American job applicants in relation to alleged racially discriminatory hiring practices (Waters v. Cook’s Pest...

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6th Circuit Interprets "Cat's Paw" Theory of Liability in Chattman V. Toho Tenax American, Inc.

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology Cat’s Paw theory stems from a fable by Jean de La Fontaine first published in 1679. In the fable, a monkey dupes a cat into pulling chestnuts from a fire and eats them all as the cat...

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EEOC CLAMPS DOWN HARASSMENT

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology The EEOC announced eight harassment settlements and one court judgment in a 16-day stretch from 6/21/12 to 7/6/12. The cases feature primarily harassment based on sex and race, but...

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EEOC FILES ADA COMPLAINT AGAINST A DISABILITY PROVIDER

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a press release dated 7/11/12, the EEOC announced it is suing Pace Solano, a Solano County, California disability services provider for rescinding a job offer after a medical exam see...

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EEOC SETTLES ADA CLAIM WITH RCC CONSULTANTS

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a prior alert involving Solano Pace, we reported that a disability services provider rescinded an offer of employment following discovery of a physical impairment (partial paralysis...

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US SECURITY ASSOCIATES (USSA) CHALLENGES OFCCP

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 20, 2012, USSA filed an administrative complaint (OFC Case No. 2012-OFC-4) against the OFCCP on grounds that it violated its 4th Amendment rights in engaging in unreasonable...

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Frito-Lay V. OFCCP: The case continues

June 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe have written three prior alerts on this topic. To recap, being six months or more into its plan year, Frito-Lay sent data for the required 12 months (June 2006 through May 2007)...

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MINNESOTA ENACTS QUESTIONABLE STATUTE ON VOLUNTARY PREFERENCE FOR VETERANS IN THE PRIVATE SECTOR

June 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The law was signed by the Governor of Minnesota on April 18, 2012 (see https://www.revisor.mn.gov/laws/?id=186&doctype=chapter&year=2012&type=0). It permits private, nonpublic...
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HR Manager Not Protected for Actions during Internal Investigation

June 05, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The case is Townsend v. Benjamin Enterprises Incorporated (BEI) decided by the 2nd Circuit on May 9, 2012 [2012 U.S. App. LEXIS 9441]. The main actors in this case are Michelle...
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Password Protection Act (PPA) of 2012 Introduced

June 05, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The PPA was introduced on May 9, 2012 by Democratic Senators Richard Blumenthal (D-CT), Chuck Schumer (D-NY), Ron Wyden (D-OR), Jeanne Shaheen (D-NH), and Amy Klobuchar (D-MN)....
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COURT DISMISSES EQUAL PAY ACT (EPA) CASE BY EEOC

June 05, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The case is EEOC v. Port Authority of N.Y. & N.J. decided on 5/17/12 (see http://www.nylj.com/nylawyer/adgifs/decisions/052112buchwald.pdf). The case began in 2007 when a female...
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REACTIONS TO THE HOUSE SUBCOMMITTEE HEARINGS ON OFCCP .... FROM SOMEONE WHO HAS BEEN THERE

May 16, 2012

by Harold M. Busch, Vice President - Government Relations - DCI Consulting

For those that don’t know me, I am a retired Member of the Senior Executive Service of the federal government, where I served as the Acting Director and Deputy Director of...
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