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OFCCP EXTENDS COMMENT PERIOD ON NPRM FOR SECTION 503

February 07, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe OFCCP has posted the following supplementary information related to its December 9, 2011 related to comments on its NPRM on Section 503.On December 9, 2011, OFCCP published a...

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OFCCP Rejection For Extension of Public Comment Period on Proposed Changes to Section 503 of the Rehabilitation Act Draws Congressional Response

January 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn Wednesday, January 25th all of the employer associations and other organizations that requested an extension to the February 7th public comment deadline in response to proposed...

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Hosanna-Tabor Evangelical Lutheran Church & School V. EEOC Completing the Story

January 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis case was featured in an alert on 10/18/11 featuring the Supreme Court’s oral arguments on 10/15/11. The question was whether Cheryl Perich met the definition of “minister.” If so,...

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CONGRESSMAN MEEKS CITES ROMNEY IN PROPOSED BILL ON DISCLOSURE OF MINORITIES AND WOMEN IN VARIOUS PAY BRACKETS

January 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn 1/18/12, Rep. Gregory Meeks (D-N.Y.) introduced H.R. 3791 requiring public companies to disclose their pay brackets and how many women and minorities fall within them. This bill would...

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OFCCP Settles Race Bias Hiring Case With Jacintoport International

January 19, 2012

JacintoPort, a subsidiary of Seaboard Corp., has $1.2+ million in federal contracts to store and transport cargo with the Defense Commissary Agency. Interestingly, the allegations against JacintoPort amount to discrimination against white and black...

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EEOC Settles with Pepsi on Alleged Discrimination

January 19, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe EEOC announced on 1/11/12 that Pepsi Beverages has agreed to a 1.3 million settlement to head off litigation (see http://www.eeoc.gov/eeoc/newsroom/release/1-11-12a.cfm). Most of the...

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Obama Signs National Defense Authorization Act (NDAA)

January 11, 2012

The NDAA was signed into law on December 31, 2011. Critically, Section 715 of the NDAA exempts TRICARE providers from coverage as federal contractors (see link below).

TRICARE is the healthcare program that covers active duty soldiers, retired...

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Bank of America (BOA) V. Solis

January 11, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyBoA Suffers a Loss that Likely Benefits All Federal Contractors in the FutureBoA issued a 4th Amendment challenge to an OFCCP request for information for an on-site review under the...

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GAO Study Criticizes DOJ For Failure to Enforce ADA Requirements

January 04, 2012

The results of the GAO study were reported by USA Today columnist Mary Beth Marklein on 12/28/11. According to Marklein, the study was done at the request of three members of the House of Representatives. The main allegation is that the DOJ has...

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Further Comment on Finalized EEOC ADEA Rules

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyMy preview of the (then) proposed EEOC rules for the ADEA was posted in an Alert on 11/15/11. The next day, Eric Dunleavy attended the actual meeting in which these rules were finalized....

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OFCCP FILES ADMINISTRATIVE COMPLAINT AGAINST BRUNSWICK CORPORATION

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 12/1/11 with the OFCCP’s Office of Administrative Law Judges (OFCCP v. Lund Boat Co. and Brunswick Corp.
Case Number: 2012-OFC-00002; see ...

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EEOC ISSUES PRIVATE LETTER ON HS DIPLOMAS & THE ADA

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn 10/9/09, a letter written to the EEOC asked the following question:

[Does] the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA), prohibit...
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