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THIRD CIRCUIT FAVORS AGGREGATION OF DATA IN CALCULATING ADVERSE IMPACT

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Stagi v. AMTRAK (2010 U.S. App. Lexis 17261, 8/16/10) in which a class of women alleged that a policy of requiring union employees to have one year of service in a current...

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AKAI SECURITY AGREES TO 1.62 MILLION DOLLAR SETTLEMENT IN CLASS ACTION PREGNANCY DISCRIMINATION SUIT

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe EEOC announced on 12/1/10 that Akai Security, the the largest provider of contract security services to the federal government, will pay $1.62 million to a class of 26 female...

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LEDBETTER ACT DOES NOT APPLY TO PENSION CHECKS

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling on an issue of first impression, the EEOC ruled on November 30, 2010 that the Ledbetter Act does not apply to pension checks (Brakeall v. EPA, EEOC, No. 0120093805,...

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SUPREME COURT TO REVIEW DUKES V. WAL-MART

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyNot surprisingly, the Supreme Court agreed to review the 9th Circuit en banc ruling in Dukes v. Wal-Mart (Wal-Mart Stores Inc. v. Dukes, U.S., No. 10-277, cert. granted 12/6/10). The...

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OFCCP Sues Meyer Tool, Inc. for Systemic Discrimination

December 13, 2010

In a release dated November 23, 2010, the OFCCP filed an administrative complaint against Meyer Tool. Meyer Tool is a federal contractor that manufactures engine parts for the aerospace industry and has a 176.1 million prime contract with the...

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OFCCP SETTLES SEX DISCRIMINATION CASE WITH GRUMA CORP

November 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe OFCCP announced a $167,000 settlement agreement in a sex discrimination claim with Gruma Corp, a corn flour and tortilla manufacturer (OFCCP v. Gruma Corp., DOL OALJ, No....

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Final Settlement in Velez V. Novartis

November 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn May 2010 we reported the results of a 5-week jury trial in Velez v. Novartis Corp. in which the jury deliberated for four days. The essence of that report was that the jury awarded...

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NLRB Challenges Firing Over Facebook Postings

November 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyBased on published reports, the National Labor Relations Board (NLRB), which enforces the National Relations Labor Act (NLRA), has accused American Medical Response of Connecticut of...

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EEOC Holds Hearing on Credit History as a Selection Criterion

October 26, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn October 20, 2010, the EEOC held a public meeting to explore the use of credit history in employment selection. There were essentially four major views registered.The first view is...

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SUPREME COURT HEARS ORAL ARGUMENTS IN FLSA RETALIATION CASE

October 26, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Kasten v. Saint-Gobain Performance Plastics. The retaliation provision in the FLSA [from FLSA, 29 U.S.C. § 215(a)(3)] makes it unlawful for an employer covered by the FLSA to:

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COCA-COLA BOTTLER SETTLES WITH OFCCP FOR $495K

October 12, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Black Satchel Road distribution facility in Charlotte, North Carolina, the second-largest Coca-Cola bottling company in the United States, agreed to a $495,000 settlement to be...

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OFCCP FY 2010 Complaints And Compliance Evaluations – That’s A Wrap

October 05, 2010

by David Cohen, President, DCI Consulting GroupOFCCP’s fiscal year ended on Thursday, September 30th, marking the close of the second year under the Obama administration. During the 2010 fiscal year, the OFCCP proposed many regulatory and policy...

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