DCI Consulting Blog

On March 12, 2010, Labor Secretary Hilda Solis testified in front of the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies regarding the DOL’s FY 2011 budget. Text of Secretary Solis’s prepared...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, there are three prongs to a retaliation claim: (1) plaintiffs must establish engagement in protected activity (either opposing an employer practice and/or filing a formal...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 17, 2010, the EEOC announced a settlement of $115,000 with Administaff, a nationwide staffing employer (EEOC v. Administaff Inc., D. Md., No. L09-cv-2881, consent decree entered...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, federal courts can only hear claims arising under federal law. However, statutory law empowers federal courts to exercise “diversity jurisdiction” over state law civil claims...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Smith v. City of Jackson (2005), the Supreme Court ruled that adverse impact is a valid ADEA claim and that the Factors Other Than Age (RFOA) defense, which is lighter than the...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Gross v. FBL (2009) (see http://laws.findlaw.com/us/000/08-441.html), the Supreme Court struck ruled the “mixed-motive” scenario for the ADEA. This was generally seen as a defeat for...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn EEOC v. CRST Van Expedited [2010 U.S. Dist. LEXIS 11125], decided February 9, 2010, a trial judge for the Northern District of Iowa struck down a pattern or practice sexual claim on...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case was about a firefighter entry-level exam administered to 26,000 applicants in July 2005 and scored in January 2006. Scores were banded into three categories: “well qualified”...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case is Schuler v. PricewaterhouseCoopers, decided on February 16, 2010. The case may be viewed online at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-82qpgx. Schuler alleged he was...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn a press release dated February 5, 2010, the EEOC reported the following facts based on EEO-1 data extracts in 2008. Key facts include:

• Of the approximately 62 million private sector...

As noted in a prior DCI Update, it was reported in the Chicago newspapers that the Chicago Police Department is considering scrapping its police entry exam (see ...

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn January 21, 2010 Linda S. Chapman, a Labor Department Administrative Law Judge (ALJ), ruled that Bank of America (BOA) was guilty of a pattern or practice of discrimination against...