by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a DCI Client Alert published on June 21, 2011, we reported ALJ Alan L. Bergstrom’s ruling in OFCCP v. Manheim Auctions Inc. [DOL OALJ, No. 2011-OFC-00005, 6/14/11]. The case involved...
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September 28, 2011
September 20, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI was struck while reading the news releases on the EEOC website (http://www.eeoc.gov) that five ADA lawsuits were filed in a span of less than two weeks (9/8/11 through 9/19/11). What’s...
September 19, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling that should interest all employers facing class action lawsuits, the 9th Circuit, interpreting Dukes v. Walmart, overturned the main components of a class action lawsuit...
September 19, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI want to use this space to explain why Grant v. Metro is potentially a landmark case in the making. It’s a relatively lengthy story, so please bear with me. The story begins with the...
September 19, 2011
Grant v. Metro was decided on August 26, 2011 by a divided three-judge panel of the 6th Circuit Court [2011 U.S. App. LEXIS 18054]. The case was recently summarized by Rich Tonowski of the EEOC. I’ve been waiting for this type of case since the...
September 12, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe suit, announced on September 1, 2011, seeks back pay, interest for at least 270 class members and job offers for at least 17 of the original applicants under the threat of...
by Art Gutman Ph.D., Professor, Florida Institute of Technology On August 16, 2011 OPM Director John Berry and EEOC Chair Jacqueline A. Berrien issued a memorandum to all civilian federal employees during EEOC's Examining Conflicts in Employment Law...
August 20, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe purpose of this alert is to further explain the distinction between the McDonnell Douglas scenario for individual disparate treatment claims versus the Teamsters scenario for...
August 20, 2011
by Art Gutman Ph.D., Professor, Florida Institute of Technology In a ruling handed down on August 4, 2011, District Court Judge Sean F. Cox ordered the EEOC to pay 2.6 million dollars for attorneys’ fees and costs in the case of EEOC v. Cintas [2011...
August 20, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI reported on the district court ruling on this case in a DCI Alert dated May 17, 2010. To refresh your memory, Michael Briscoe was an applicant for lieutenant in the Ricci v. DeStefano...
August 05, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe EEOC announced on July 28 that it gave notice of its intention to submit to the Office of Management and Budget (OMB) its intent to submit the recordkeeping requirement in the...
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe agreement relates to a charge of discrimination in hiring against Hispanic, African American and females for the position of material handler. Alcoa Mills will make $484,656.19 in...
