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Jones et. al. v. Boston Police Department: A Case of Hair Splitting

January 20, 2017

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...

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JPMorgan Sued for Discriminating Against Female Professionals in Compensation

January 19, 2017

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,...

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EEOC Hearing on Big Data: Thoughts on Present and Future Usage

November 15, 2016

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...

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EEOC Wins Major Victory Regarding Harassment Based On Sexual Orientation – Part I

November 14, 2016

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 ...

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11th Circuit Rules Adverse Impact Is Not a Viable ADEA Claim for Applicants

November 11, 2016

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 11th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

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OFCCP Updates between Administrations

November 09, 2016

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...

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GAO OFCCP Recommendations: Have We Met Before?

November 07, 2016

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...

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Camp v. Bi-Lo LLC 6th Circuit Rules That Essential Job Functions Must Be Proven

November 04, 2016

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th 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...

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Sequel To OFCCP Lawsuit Against Palantir A Note on Word-Of-Mouth Recruitment

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company.  The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.


The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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The Trojan Horse: Poor Data Management or Disparate Impact?

October 17, 2016

A September 26th OFCCP News Release indicated that OFCCP is suing Palantir Technologies for systemic discrimination against Asian job applicants in three job titles: Quality Assurance Engineer, Software Engineer, and Quality Assurance Engineer...

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State of California tightens equal pay regulations

October 12, 2016

Similar to the Massachusetts Pay Equity law passed earlier this year, California Governor Jerry Brown signed an additional anti-wage discrimination bill on Sept. 30th that bans using prior salary as a baseline for setting compensation. This law...

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