DCI Consulting Blog

President Trump has named Commissioner Victoria A. Lipnic the Acting Chair of EEOC. Lipnic has served as an EEOC Commissioner since 2010 and she was also unanimously confirmed in 2015 by the senate to serve her second term as Commissioner ending...

On Inauguration Day, the White House Chief of Staff, Reince Priebus, communicated President Trump’s plan for managing the Federal regulatory process, which places a temporary freeze on any new and pending regulations. This regulatory freeze is...

The EEOC delivered the final rule on affirmative action for individuals with disabilities in federal employment—an amendment to Section 501 regulations. This rule further clarifies the affirmative action obligations in recruitment, retention, and...

Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two...

This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse...

The Office of Federal Contract Compliance Programs has filed a lawsuit against JPMorgan Chase & Co for paying a class of 93 female employees lower than their male counterparts in various professional positions (e.g., Application Developer Lead II,...

On October 13, 2016, a wide variety of experts, ranging from data scientists to lawyers, testified at the EEOC to highlight the implications of big data for the American workplace. Big data, as defined by the EEOC press release, includes “the use of...

This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized here

The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11^th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

The election has passed, and soon there will be changes at OFCCP. These changes primarily include a new politically appointed OFCCP Director and the shifts this new leadership will bring with it. Looking forward, we have noted recent changes in the...

In light of Pat Shiu’s recent departure from OFCCP (as of 11/6/16) and the continuous buzz around the OFCCP-focused GAO report, we wonder… what’s next? As a follow-up to DCI’s 9/29/16 blog, we wanted to share some interesting similarities between...

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6^th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time. He worked the night shift...