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United States V. City of New York: A Replay With a Questionable Outcome

August 12, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn US v. City of New York (2009) [F. Supp. 2d 419], Judge Nicholas G. Garufis of the District Court for the Eastern District of New York evaluated an entry-level firefighter test based...

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DOL Contracts with Firm to Assess Existing Affirmative Action Policies for People with Disabilities and Disabled Veterans

August 10, 2010

The US Department of Labor’s Office of Disability Employment Policy (ODEP) has made available two reports on affirmative action, applicable to individuals with disabilities and disabled veterans, in the federal contractor sector.

The agency states...

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Frito-Lay Defeats OFCCP

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn July 23, 2010, Administrative Law Judge Larry W. Price supported Frito-Lay on an issue that is critical to all DCI clients. The facts in this case are as follows. The OFCCP selected...

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A CALL TO ABOLISH THE UNIFORM GUIDELINES

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn his recent invited address to the International Personnel Assessment Council (IPAC) (July 2010), SIOP Fellow Dr. Michael A. McDaniel gave seven specific reasons (or flaws) for...

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OFCCP Issues ANPRM Soliciting Comments on Updating AAP Requirements for People With Disabilities

July 22, 2010

OFCCP has issued an Advanced Notice of Proposed Rulemaking (ANPRM) inviting the public to provide input on how the agency can strengthen the affirmative action requirements of the regulations implementing Section 503 of the Rehabilitation Act of...

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EO Survey 2.0 – Is It Coming Back?

July 21, 2010

by David Cohen, President, DCI Consulting GroupOn July 10, 2010 Secretary of Labor Hilda Solis announced that the OFCCP will publish an Advanced Notice of Proposed Rulemaking (ANPM) early next year that will seek input from stakeholders on how to...

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CALL FOR PASSAGE OF PAYCHECK FAIRNESS ACT (PFA)

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThere were two major calls on July 20, 2010 for the Senate to pass the PFA, one by President Obama, and one by Vice President Biden. The President called it a “common-sense bill” to...

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ANOTHER REVERSE DISCRIMINATION FIREFIGHTER CASE

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis one is Vivenzio v. City of Syracuse (2010 U.S. App. LEXIS 13464) decided by the 2nd Circuit on July 1, 2010. Neither side has won --- yet. Three white firefighters sued the City of...

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SUPREME COURT TO REVIEW THIRD-PARTY RETALIATION CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn the final day of its 2009-2010 term, the U.S. Supreme Court agreed to review Thompson v. N. Am. Stainless LP (U.S., No. 09-291, cert. granted 6/29/10), in which Eric Thompson was...

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STATE OF GEORGIA AGREES TO SETTLEMENT IN AN ADEA CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 29, 2010, the EEOC announced that the State of Georgia agreed to pay 60K to settle an ADEA claim. The recipient is Margie Washington, who was terminated from her position of...

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EEOC PRIVATE LETTER ON TITLE VII, ADEA & ADEA QUALIFICATION STANDARDS AND DISPARATE IMPACT

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyUsing the Freedom of Information Act (FOIA), BNA has obtained a private letter “to respond to a request for public comment from a federal agency or department. The EEOC notes that the...

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OFCCP Settlement Review in Industrial-Organizational Psychology Journal

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyArt Gutman reviewed the administrative law judge ruling in favor of OFCCP/against Bank of America here in February 2010. Gutman and Dunleavy have written a more detailed review of the...

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