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WAL-MART PETITIONS FOR SUPREME COURT REVIEW IN DUKES V. WAL-MART

August 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyNot surprisingly, Wal-Mart has petitioned the Supreme Court to review the 9th Circuit ruling in Dukes v. Wal-Mart, a class action sex discrimination suit in which an en banc panel voted...

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Developments Related to OFCCP and Diversity Discussed at WMILG Meeting

August 27, 2010

by David Morgan & Joanna Colosimo, DCI Consulting Group

William E. Doyle, Jr. at Morgan, Lewis & Bockius LLP presented on recent developments related to OFCCP and diversity at the Washington Metro Industry Liaison Group (WMILG) meeting, on August...

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JOHNSON & JOHNSON DEFEATS CLASS CERTIFICATION --- A SECOND TIME

August 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn Gutierrez v. Johnson & Johnson (2006) [467 F.supp 2d 403], four named plaintiffs sought class certification for approximately 8,600 black or Hispanic employees. The suit originated in...

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United States V. City of New York: A Replay With a Questionable Outcome

August 12, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn US v. City of New York (2009) [F. Supp. 2d 419], Judge Nicholas G. Garufis of the District Court for the Eastern District of New York evaluated an entry-level firefighter test based...

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DOL Contracts with Firm to Assess Existing Affirmative Action Policies for People with Disabilities and Disabled Veterans

August 10, 2010

The US Department of Labor’s Office of Disability Employment Policy (ODEP) has made available two reports on affirmative action, applicable to individuals with disabilities and disabled veterans, in the federal contractor sector.

The agency states...

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Frito-Lay Defeats OFCCP

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn July 23, 2010, Administrative Law Judge Larry W. Price supported Frito-Lay on an issue that is critical to all DCI clients. The facts in this case are as follows. The OFCCP selected...

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A CALL TO ABOLISH THE UNIFORM GUIDELINES

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn his recent invited address to the International Personnel Assessment Council (IPAC) (July 2010), SIOP Fellow Dr. Michael A. McDaniel gave seven specific reasons (or flaws) for...

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CALL FOR PASSAGE OF PAYCHECK FAIRNESS ACT (PFA)

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThere were two major calls on July 20, 2010 for the Senate to pass the PFA, one by President Obama, and one by Vice President Biden. The President called it a “common-sense bill” to...

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ANOTHER REVERSE DISCRIMINATION FIREFIGHTER CASE

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis one is Vivenzio v. City of Syracuse (2010 U.S. App. LEXIS 13464) decided by the 2nd Circuit on July 1, 2010. Neither side has won --- yet. Three white firefighters sued the City of...

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SUPREME COURT TO REVIEW THIRD-PARTY RETALIATION CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn the final day of its 2009-2010 term, the U.S. Supreme Court agreed to review Thompson v. N. Am. Stainless LP (U.S., No. 09-291, cert. granted 6/29/10), in which Eric Thompson was...

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STATE OF GEORGIA AGREES TO SETTLEMENT IN AN ADEA CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 29, 2010, the EEOC announced that the State of Georgia agreed to pay 60K to settle an ADEA claim. The recipient is Margie Washington, who was terminated from her position of...

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EEOC PRIVATE LETTER ON TITLE VII, ADEA & ADEA QUALIFICATION STANDARDS AND DISPARATE IMPACT

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyUsing the Freedom of Information Act (FOIA), BNA has obtained a private letter “to respond to a request for public comment from a federal agency or department. The EEOC notes that the...

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