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DUKES V. WAL-MART TAKE 2?

August 02, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAccording to several sources, Wal-Mart has no objection to extending the deadline for 90 days so as to reestablish a presumably smaller portion of the class that was decertified by the...

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Veterans Employment Promotion Act Introduced in House

August 02, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Bill (H.R. 2243) passed the Oversight and Investigations Subcommittee of the House Committee on Veterans' Affairs July 28 and was introduced by Representative Jerry McNerney (Dem,...

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OFCCP TO CONDUCT WEBINAR ON COMPLIANCE WITH THE NEW FUNCTIONAL AFFIRMATIVE ACTION PROGRAM (FAAP) DIRECTIVE

July 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe OFCCP announced today that it will host a Webinar on August 9, 2011 on how to comply with the new FAAP Directive, which became effective June 14, 2011 for covered contractors and...

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8TH CIRCUIT COURT UPHOLDS EEOC SUBPOENA FOR CLASSWIDE DATA BASED ON INDIVIDUAL SEX DISCRIMINATION CLAIM

July 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Schwan’s Home Service [ 2011 U.S. App. LEXIS 14291, 7/13/11]. The facts are that Schwan hired Kim Millren in March 2007 as a location general manager under the...

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OFCCP Director Shiu Conducts Q&A Session

July 26, 2011

The Q&A occurred on July 12, 2001 and during the session, Director Patricia A. Shiu revealed several important pending developments. Among her introductory remarks, she announced that the OFCCP is “engaged in several efforts to strengthen and update...

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Hilda Solis Addresses Wal-Mart V. Dukes Ruling

July 12, 2011

Secretary of Labor Hilda L. Solis addressed the 22nd convention of the National Employment Lawyers Association (NELA) on July 1, 2011, and a highlight, if not the focus of her remarks, was on the Supreme Court’s recent ruling in Wal-Mart v. Dukes....

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5TH CIRCUIT DECLINES EN BANC REVIEW OF FISHER V. UNIVERSITY OF TEXAS

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn August 17, 2009, Judge Sam Sparks of the US District Court for the Western District of Texas granted summary judgment to the University of Texas (UT) at Austin in a lawsuit by two...

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VERIZON SETTLES WITH EEOC ON ADA LAWSUIT

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an agreement announced on July 6, 2011, the EEOC reported that Verizon Communications has agreed to a $20 million settlement related to the company’s “no fault” attendance plan (see ...

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Analysis of the Supreme Court Ruling in WAL-MART v. DUKES

June 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs noted in a prior alert on June 21, 2011, the Supreme Court ruled against the plaintiffs in Wal-Mart v. Dukes [2011 U.S. LEXIS 4567, 6/2011]. As noted in that alert, the ruling was...

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SUPREME COURT RULES IN FAVOR OF WAL-MART

June 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 20, 2011, the Supreme Court ruled against the Dukes Plaintiffs in Wal-Mart v. Dukes. The ruling was unanimous to the point that the plaintiffs wrongly used Rule 23(b)(2) for...

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ALJ Rules that Parent Company and its Subsidiary are a Single Entity for Purposes of OFCCP Jurisdiction

June 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn the case of OFCCP v. Manheim Auctions Inc. [DOL OALJ, No. 2011-OFC-00005, 6/14/11], ALJ Alan L. Bergstrom addressed the issue of whether Manheim Auctions Government Services LLC...

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EEOC WINS JURY VERDICT IN KEY ADA CASE

June 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. AutoZone [C.D. Ill., No. 07 C 1154, jury verdict 6/3/11)], in which a jury returned a verdict that AutoZone failed to reasonably accommodate John Shepherd, an auto...

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