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7th Circuit Rules That the ADA Does Not Require Automatic Reassignment of Qualified Disabled Employee

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. United Airlines, decided on March 7, 2012 [2012 U.S. App. LEXIS 4713]. The facts are that a female (Houser) could no longer perform her job (conveyer). After...

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EEOC Reports Enforcement & Litigation Statistics for Fiscal Year 2011 (FY11)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe data, which are for private entities, were posted on 1/25/12 on the EEOC Website (click on “Enforcement and Litigation Statistics” and on sub-links for “Charge Statistics” and “All...

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More on The District Court Ruling in Bazile V. City of Houston (2012)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an alert posted on 2/22/12, I summarized the major rulings by Judge Lee H. Rosenthal in Bazile v. City of Houston decided by District Court in the Southern District of Texas decided...

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Supreme Court to Review Fisher V. University of Texas - Another Test of Grutter V. Bollinger (2003)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe challenge in this case is to the use of race as a factor in undergraduate admissions at the University of Texas at Austin (UTA) by two rejected white females. The District Court of...

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Executive Order on Gay Rights?

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a news release on 2/15/12, the Washington Blade, an advocate for gay rights, reported that President Obama is seriously considering signing an executive order that would impose...

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NY State Appeals Court Awards 2.7 Million to White Firefighters in Reverse Discrimination Case

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Margerum v. City of Buffalo, decided on 2/8/12 by Justice John A. Michalek of that New York State Supreme Court in Erie County. The allegation in this case was that the city...

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Major District Court Ruling in Firefighter Promotion Exams - Part 1

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Bazile v. City of Houston, decided by District Court in the Southern District of Texas decided on 2/6/12. (see 2012 U.S. Dist. LEXIS 14712). This is a very complex case that...

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Employee Terminated in a RIF Cannot Prove Pretext in Age Discrimination Case

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Lefevers v. GAF Fiberglas Corporation, handed down on 1/27/12 (see 2012 U.S. App. LEXIS 1477), in which the 6th Circuit affirmed the district court’s ruling of summary...

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WOMAN WITH NEUROLOGICAL DISORDER LOSES ADA CASE

February 08, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Insalaco v. Anne Arundel County Public Schools, decided by District Court of Maryland on 1/26/12. (see 2012 U.S. Dist. LEXIS 9110). Jennifer Insalaco, a special education...

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OFCCP EXTENDS COMMENT PERIOD ON NPRM FOR SECTION 503

February 07, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe OFCCP has posted the following supplementary information related to its December 9, 2011 related to comments on its NPRM on Section 503.On December 9, 2011, OFCCP published a...

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OFCCP Rejection For Extension of Public Comment Period on Proposed Changes to Section 503 of the Rehabilitation Act Draws Congressional Response

January 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn Wednesday, January 25th all of the employer associations and other organizations that requested an extension to the February 7th public comment deadline in response to proposed...

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Hosanna-Tabor Evangelical Lutheran Church & School V. EEOC Completing the Story

January 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis case was featured in an alert on 10/18/11 featuring the Supreme Court’s oral arguments on 10/15/11. The question was whether Cheryl Perich met the definition of “minister.” If so,...

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