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Formica Settles Race Discrimination Case With OFCCP For $291,000

May 21, 2013

The settlement was reported on April 25, 2013 in a DOL News Brief. For undisclosed reasons, the specifics of the settlement have, as of this writing, not appeared in the OFCCP news site (see http://www.dol.gov/ofccp/). However, other sources,...

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Goodwill Industries Settles Sex Discrimination Case Against Males with OFCCP for $130,000

May 21, 2013

The settlement was reported on the OFCCP website on April 25, 2013. According to the release, the hiring process favored women for entry-level attendants because of the perception that women are better than men at customer service. This settlement...

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Bertucci Contracting Settles Race Discrimination Case with OFCCP

May 07, 2013

Bertucci provides flood control and restoration services and has received more than 80 million in federal contracts related disaster recovery efforts, most notably, in the wake of Hurricane Katrina in 2005 and the British Petroleum oil spill in...

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8TH CIRCUIT DEFERS TO EMPLOYER’S JUDGMENT ON WHAT CONSTITUTES AN ESSENTIAL JOB FUNCTION

May 07, 2013

To claim protected class membership under the ADA, the individual must prove (a) disability within the meaning of the law (an impairment that significantly restricts a major life activity) and, (b) qualification (ability to perform the essential job...

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Court Finds Stock Statistics Sufficient for Systemic Discrimination Whereas Applicant Flow Data are Unnecessary

April 23, 2013

The case is EEOC v. Bass Pro Outdoor World (BPOW) decided on March 18, 2013 by District Court Judge Keith B. Ellison of the District of Texas, Houston Division [2013 U.S. Dist. LEXIS 36711]. As far as pattern or practice cases go, this one is not...

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Compliance Evaluations: From Courtesy Letter to Scheduling Letter

April 23, 2013

Given the recent wave of OFCCP courtesy letters sent to federal contractors this month, we thought a short review of the process in moving from courtesy letter to scheduling letter would be of interest to readers of this blog. The OFCCP utilizes the...

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RACE/ETHNICITY SUBGROUP ANALYSIS IN COMPENSATION ANALYSES: A CHANGE IN OFCCP PROTOCOL

April 09, 2013

OFCCP’s recent webinars on Directive 307 stated that compensation investigations will focus on individual race/ethnicity differences. If that is the case, a number of analytic questions require clarification.

  • Is the comparator group “White” or is...
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What Changed With Directive 307?

April 09, 2013

OFCCP’s Directive 307 outlines policies for evaluating compensation data that depart in three primary ways from guidance presented in the rescinded Compensation Standards:

  • No requirement to construct and analyze compensation data by Similarly...
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Supreme Court Agrees to Hear Key Affirmative Action Case

April 09, 2013

The case is Schuette v. Coalition to Defend Affirmative Action, which the Supreme Court granted certiorari on March 25, 2013 [2013 U.S. LEXIS 2504]. The case involves an amendment to the Michigan State Constitution that would prohibit all sex and...

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COURT ORDERS EEOC TO PRODUCE WITNESS FOR DEPOSITION REGARDING WHETHER PRE-SUIT INVESTIGATION OCCURRED

March 25, 2013

The case is EEOC v. Grane Healthcare, decided on 3/25/13 by Judge Kim R. Gibson of the Western District of Pennsylvania [2013 U.S. Dist. LEXIS 35869]. The case itself is a class action suit by the EEOC alleging that two healthcare providers (Grane...

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District Court Rules in Favor of Employer in Credit Check Case

March 20, 2013

The case is EEOC v. Kaplan Higher Learning decided on January 28 by Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division (2013 U.S. Dist. LEXIS 11722). The EEOC claimed that Kaplan’s use of credit...

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Census Bureau Data Shows Disabled Workers Less Likely to be Employed and More Likely To Hold Lower Paid Jobs

March 18, 2013

The report was released on March 14, 2012 and may be viewed at https://www.census.gov/newsroom/releases/archives/american_community_survey_acs/cb12-51.html. The report is based on statistics between 2008 and 2010, which may be viewed at ...

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