DCI Consulting Blog

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC. At issue is the definition of “minister.” The oral arguments were on October 5th, 2011.The facts of the case are...

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAbout a year ago, the EEOC sued a Hampton Inn franchise for racial discrimination and retaliation (see http://www.eeoc.gov/eeoc/newsroom/release/9-30-10.cfm). This particular franchise...

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...

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...

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...

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...

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...

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...

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...

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...

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...