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ARB Reverses Prior ALJ Ruling Favoring Frito-Lay

May 16, 2012

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

In an alert posted on 7/30/10 we reported on a ruling by ALJ Larry W. Price supporting Frito-Lay’s appeal relating to the a request by the OFCCP requesting data from 2008 and 2009...
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OFCCP Opposes Frito Lay's Motion For Case Closure

May 09, 2012

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

The facts in this case were reported in an DCI alert on 7/30/10. The case originated with a routine desk audit of a Dallas-based Frito Lay facility. Based on review of applicant flow...
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EEOC Releases New Guidelines on Arrest & Conviction Records

May 09, 2012

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

The release (at https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm) is dated 4/25/12 and is the first update on arrest and conviction records since 1990. The focus is on...
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OFCCP Rescinds Directive 293 On Coverage Of Health Care Providers & Insurers

May 09, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe rescission was announced on April 25, 2012 and is effective immediately. The directive applied to provider and insurers connected to federal health care programs. The main body of...

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2nd CIRCUIT OVERTURNS SUMMARY JUDGMENT IN FEMALES SAME-SEX HARASSMENT CASE

May 09, 2012

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

The case is Redd v. NY State Division of Parole, decided on 5/4/12 [2012 U.S. App. LEXIS 9194]. T here are two interesting issues here.  First, and most obvious, the claim features ...
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House Subcommittee Holds Hearing on OFCCP Actions

April 20, 2012

by David Morgan, Amanda Shapiro, and Eric Dunleavy, Ph.D., DCI Consulting GroupThe U.S. House of Representatives' Committee on Education and the Workforce held a hearing on April 18, 2012 entitled "Reviewing the Impact of the Office of Federal...

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EEOC Appeals for En Banc Rehearing of EEOC V. CRST

April 20, 2012

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

In an alert posted on March 2, 2010, I summarized the ruling in EEOC v. CRST Van Expedited [2009 U.S. Dist. LEXIS 71396], in which Judge Linda R. Reade struck down class certification...
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Final EEOC Rule on "Reasonable Factors Other Than Age" (RFOA) Under The ADEA

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe final rule (http://www.eeoc.gov/eeoc/newsroom/release/3-21-12.cfm) alters the definition of RFOA in light of Supreme Court rulings in Smith v. City of Jackson (2005) [544 U.S. 228]...

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7TH CIRCUIT Ruling on Adverse Impact, Pattern or Practice, and Class Certification

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case Puffer v. Allstate Ins. Co. was handed down on March 27, 2012 [2012 U.S. App. LEXIS 6213]. The headline reads that the 7th Circuit upheld a lower court ruling rejecting class...

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5TH CIRCUIT OVERTURNS JURY RULING ON CONSTRUCTIVE DISCHARGE

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Nassar v. University of Southwestern Texas Medical Center (UTSW), decided on March 8, 2012 by a three-judge panel of the 5th Circuit [2012 U.S. App. LEXIS 4874]. At the...

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Strange Wording in a Pay Discrimination Case

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is King v. Acosta Sales & Marketing, decided by the 7th Circuit on March 13, 2012 [2012 U.S. App. LEXIS 5156]. The plaintiff, Susan King, lost on summary judgment at the...

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EEOC Settles Class Action Sexual Harassment Lawsuit

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. 441 S.B. LLC & Hurricane Grill and Wings, reported on the EEOC website on 2/27/12 (see ...

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