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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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Proposed Form for Self-Identification of Individuals with Disabilities Raises a Number of Concerns

November 12, 2013

The OFCCP has recently submitted the long-awaited proposed self-identification form for individuals with disabilities (IWD). The proposed form has been submitted to the Office of Management and Budget’s Office of Information and Regulatory Affairs...

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UGESP Series #6 – The Purpose and Importance of Job Analysis Research

November 12, 2013

In our prior posts, we have addressed the (a) definition of selection procedures, (b) combinations of different measures into compensatory or non-compensatory systems, (c) specific validation pitfalls associated with criminal history and background...

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UGESP Series Post #5: Suitable Alternatives and Reasonable Effort: What is an Alternative and What is Reasonable?

October 29, 2013

We are back! After a brief hiatus, we continue our UGESP Series by exploring the UGESP concept of suitable alternative selection procedures addressed by the UGESP. This piece explores the difficulty in determining (a) whether two selection...

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Supreme Court Hears Oral Arguments in Schuette v. Coalition

October 22, 2013

Oral arguments were held on October 17, 2013. In a nutshell, the case is about a Michigan law (Proposal 2) than bans preferential treatment based on race, sex, color, ethnicity, or national origin in public education, employment, or contracting....

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Three Judge Panel of the 6TH Circuit Affirms District Court Ruling in EEOC V. PeopleMark in 2-1 Ruling

October 22, 2013

The case is EEOC v. Peoplemark, an appeals ruling decided on 10/7/13 [2013 U.S. App. LEXIS 20408]. We previously reported the district court ruling in this case in a client alert on 11/15/11. The facts of the case are that the EEOC claimed that...

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Government Shutdown: What it Means For OFCCP

October 15, 2013

At the time this blog was written, the federal government has been closed for close to two weeks. In an earlier blog DCI staff suggested that federal contractors take a “business as usual” motto when it comes to OFCCP compliance. As many of you...

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Medtronic Settles With OFCCP On Wage Discrimination Charges

October 08, 2013

In a news release dated 9/23/13, the OFCCP announced a $290,000 settlement with Medtronic Interventional Vascular Inc., a wholly owned subsidiary of Medtronic (see https://www.dol.gov/newsroom/releases/ofccp/ofccp20131811). The OFCCP alleged that 78...

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Dukes V. Wal-Mart “Subclass” Plaintiffs Suffer Yet Another Loss

October 08, 2013
The case is Love v. Wal-Mart, decided on 9/4/13 by District Court Judge Robert N. Scolar, Jr. of the Southern District of Florida. The class is yet another subclass of plaintiffs from the original Dukes v. Wal-Mart class. This is fifth rejected...
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En Banc Panel of 5th Circuit Supports Verdict of Same-Sex Harassment

October 08, 2013

The case is EEOC v. Boh Brothers, decided by a 10-6 vote by an en banc panel of the 5th Circuit on 9/27/13 [2013 U.S. App. LEXIS 19867]. The facts in this case are clearly reprehensible. A male supervisor (Wolfe) of an all-male construction site...

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