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UGESP Series Post #2: Analyzing Selection Decisions

July 09, 2013

In selection systems that leverage more than one procedure and/or tool to make employment decisions, evaluation of disparities becomes complicated, as disparity analyses may be required at multiple steps in the process. Selection procedures...

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Criminal Background Checks: Guilty Until Proven Valid

July 09, 2013
EEOC recently sued BMW Manufacturing and Dollar General alleging that their use of criminal background checks resulted in discrimination against African Americans. The cases highlight the risks associated with the use of criminal background checks...
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J.B. HUNT SETTLES WITH EEOC ON RACE DISCRIMINATION BASED ON CRIMINAL CONVICTION RECORDS

July 09, 2013

The Settlement was announced on 6/28/13 and may be viewed on the EEOC Website at http://www.eeoc.gov/eeoc/newsroom/release/6-28-13c.cfm. The details on this one are skimpy. In 2009, an African American candidate for a truck driver position at a J.B....

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SUPREME COURT NARROWS DEFINITION OF “SUPERVISOR” IN VANCE V. BALL STATE RACIAL HARASSMENT CASE

July 09, 2013

The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4703]. The issue of whether an alleged harasser is a supervisor or co-worker is important because employers have vicarious liability for supervisors, but must know, or have a basis for knowing,...

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Supreme Court Punts in Long-Awaited Ruling in Fisher V. University of Texas

July 09, 2013

The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4701]. In a 7-1 vote (with Justice Kagan not participating), the Court decided that the district used the wrong standard for ruling summary judgment for the university, which, the 5th Circuit...

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Equal Pay Enforcement: What Do The Laws Say?

June 18, 2013

Art  recently described a pay equity ruling that was declined for review by the Supreme Court. At the heart of the ruling was the difference between pay equity under Title VII versus the Equal Pay Act. We thought a follow up blog on the matter would...

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Exploring The Uniform Guidelines on Employee Selection Procedures

June 18, 2013

Many readers are familiar with the Uniform Guidelines on Employee Selection Procedures (UGESP), which describe the standards by which EEO regulatory agencies evaluate adverse impact analyses and validation evidence in impact cases. Although these...

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SIXTH CIRCUIT LEANS ON DUKES V. WAL-MART TO DENY CLASS CERTIFICATION

June 18, 2013
The case is Davis v. Cintas, decided by the 6th Circuit on 5/30/13 [2013 U.S. App. LEXIS 10856]. This case is very much like Dukes v. Wal-Mart [131 S. Ct. 2541, 112 FEP Cases 769 (2011)], but on a smaller scale. Aside from scale, the claims are...
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Supreme Court Passes on Alleged Conflict Between Title VII and The Equal Pay Act (EPA)

June 18, 2013

In Moten v. Broward County, Irma Moten, a black female forensic technician with the Broward County Medical Examiner's Office sued for pay discrimination under the EPA and race discrimination under Title VII on the same set of facts: the county hired...

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US & Vulcan Society v. NYC

May 21, 2013

There are too many rulings in this case to summarize all of them in a single Alert. So I will stick to what I consider the four major acts in a play that is likely to continue. On May 14, the 2nd Circuit ruled in the latest version (Act IV) of US &...

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2010 CENSUS DATA: AN UPDATE FOR FEDERAL CONTRACTORS

May 21, 2013

Join us for a webinar to discuss OFCCP’s recent notice to federal contractors on the use of the 2006-2010 American Community Survey (ACS) EEO Tabulation in the development of their annual AAPs. OFCCP has informed federal contractors that the date...

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The Increased Likelihood of False Positives Under Directive 307

May 21, 2013

In an ongoing series of blog posts, we will be dissecting portions of Directive 307 to highlight the potential pitfalls with the Directive’s prescriptions for conducting pay equity analyses. At issue this week is OFCCP’s oversight regarding the...

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