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MORE ON OFCCP'S PROPOSAL TO REVISE REGULATIONS ON SEC 503 OF THE REHABILITATION ACT OF 1973

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe revision is scheduled for publication in the Federal Register on 12/9/11. At issue are regulations relating to affirmative action provisions, and specifies actions contractors and...

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OFCCP Files Administrative Complaint Against Cargills Meat Solutions

November 30, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 11/29/11 with OFCCP’s Office of Administrative Law Judges (see http://www.dol.gov/opa/media/press/ofccp/OFCCP20111648.htm). It alleges that Cargill...

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Senate Passes the Vow to Hire Heroes Act

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an unusual show of bipartisan support, the Senate voted 95-0 on 11/10/11 to pass the “Vow to Hire Heroes Act” (or simply the “Act”). The Act is designed to help unemployed veterans...

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EEOC & OFCCP UPDATE THEIR MEMORANDUM OF UNDERSTANDING

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyA new Memorandum of Understanding (MOU) between the EEOC and OFCCP was signed on 11/7/11 by EEOC Director Jacqueline A. Berrien and Patricia A. Shui and may be viewed at ...

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Supreme Court Refuses to Hear Appeal in Lufkin Industries V. McClain

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe refusal to grant certiorari in this case was handed down on 11/14/11 (2011 U.S. LEXIS 8265). Ordinarily, refusal to grant certiorari is no big deal … indeed, it’s the norm, not the...

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EEOC to Finalize Proposed Rules on the ADEA

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe proposed rules (or simply “Rules”) were published on 2/18/10, as reported in an Alert on 3/2/10. The Rules may be viewed at https://edocket.access.gpo.gov/2010/2010-3126.htm. The...

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EEOC Ordered to Pay Defense Legal Fees --- Again

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling on 10/26/11, Judge John E. Conway of the District Court of New Mexico ordered the EEOC to pay $140,000 in attorneys’ fees to Tricore Reference Labs for “frivolous,...

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LAW FIRM SUBJECT OF OFCCP RULES

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling by Administrative Law Judge (ALJ) Linda S. Chapman, the law firm of O’Melevny & Myers (or simply the “Firm”) was deemed a federal contractor subject to the provisions of...

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DOL Granted Summary Judgment by District Court in United Space Alliance V. Solis

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn November 14th, 2011 a D.C. District Court judge dismissed a complaint by United Space Alliance that OFCCP violated its 4th amendment and other rights by requesting detailed employee...

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Tinney V. New Haven: Ricci Act 2

November 03, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for...

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Caviness Beef Packers Agrees to $600,000 Settlement with OFCCP

October 27, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe settlement was announced in a news release dated 10/20/11 on the OFCCP website (http://www.dol.gov/ofccp/). The allegation in this case is that Caviness was guilty of discrimination...

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Proposed Changes to Current Population Survey(CPS) Disability Supplement

October 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995...

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