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Supreme Court Supports University in Fisher v. University of Texas

June 27, 2016

The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...

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Bank of America Fights Back

June 03, 2016

As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...

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OFCCP v. Bank of America - 23 Years Later

May 31, 2016

There are two cases here. The first case was in 1993 and the second one covered 2002 to 2005. An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...

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DCI Staff Attend SIOP's 31st Annual Conference in Anaheim, California

May 17, 2016

The 31st Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 14-16, 2016 in Anaheim, California. This conference brings together members of the I/O community, both practitioners and academics, to...

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“Ban the Box” Proposed Regulation for Federal Government Positions

May 16, 2016

On May 2, 2016, the U.S. Office of Personnel Management (OPM) published in the Federal Register a proposed rule with request for comments. Comments must be received on or before July 1, 2016. Under the proposed rule, early inquiries (e.g., during...

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Updated Fact Sheet on EEOC Litigation Regarding Title VII and LGBT-Related Discrimination

April 15, 2016

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

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OFCCP Settles With Reynolds Consumer Products On Blanket Exclusions Based on Criminal Background Checks

February 26, 2016

The settlement, announced on February 22, 2016, calls for, among other things, payment of $86,000 to 74 black applicants from the period between March 2007 and February 2008, as well as the promise to offer jobs to seven of the class members as they...

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EEOC On Warpath Against Transgender Discrimination

February 02, 2016

In a recent alert, I summarized the results of Chavez v. Credit Nation Auto Sales, a Title VII case decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  I also noted a prior 11th Circuit 14th Amendment ruling in Glenn v. Bumbry

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Don’t be so insecure! Ensure data submitted to OFCCP is protected

February 02, 2016

Given the high prevalence of data security breaches and identity theft today, organizational leadership should be making the protection of their consumers’ and their employees’ confidential information a high priority. It is no surprise that federal...

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Summary Judgment on ADA Claim Overturned Using Relaxed Standards Americans With Disabilities Amendments Act (2008 - ADAAA)

January 26, 2016

The case is Cannon v. Jacobs Field Services (JFS) decided on January 13, 2016 by the 5th Circuit Court [2016 U.S. App. LEXIS 531]. The facts of the cases were that JFS made Michael Cannon, a mechanical engineer with 20 years experience, a...

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Terminated Transgender Employee Raises Triable Sex Discrimination Issue Under Title VII Mixed-Motive Theory

January 25, 2016

The case is Chavez v. Credit Nation Auto Sales decided by the 11th Circuit on January 14, 2016 [2016 U.S. App. LEXIS 598].  This is not the first time the 11th Circuit has ruled in favor of a terminated female transgender employee.  The 11th Circuit...

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Is “Total Pay” a Useful Analysis?

December 15, 2015

With OFCCP regularly requesting multiple forms of compensation during compliance audits, we revisit the difference between EEO compliance evaluations of base pay versus other compensation metrics. An individual’s base pay is a function of many...

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