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ATTRACTION NOT NECESSARY TO SHOW SEXUAL HARASSMENT

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 2, 2010, the 1st Circuit overturned a district court ruling of summary judgment for the defense in a sexual harassment case (Rosario v. Department of Army (010 U.S. App. LEXIS...

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Prank Insufficient for Same-Sex Harassment

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 20, 2010, Judge Christopher A. Nuechterlein of the Northern District of Indiana ruled that a single prank in which one firefighter rubbed his groin on a colleague’s arm did not...

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MINNESOTA DOC’S “AGE 55 CLIFF” VIOLATES THE ADEA

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 4, 2010, Minnesota District Court Judge Paul A. Magnuson ordered the Minnesota DOC to pay $724,000 to 35 retirees, as well as insurance premiums for dental and medical coverage...

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OFCCP SETTLES HIRING CASE WITH THE WACKENHUT CORP. FOR $290,000

June 10, 2010

OFCCP News Release: [06/09/2010]Contact Name: Rich KulczewskiPhone Number: (303) 844-1302Release Number: 10-0736-DENUS Department of Labor settles hiring discrimination case with The Wackenhut Corp. in Aurora, Colo.Company agrees to pay $290,000 to...

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Supreme Court Favors Plaintiffs in LEWIS V. CHICAGO

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a long awaited and much anticipated ruling issued on May 24, 2010, the Supreme Court unanimously opined that the plaintiffs may proceed to trial with their adverse impact challenge to...

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NOVARTIS LOSES CLASS ACTION SEX DISCRIMINATION CASE

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 17, 2010, a jury awarded nearly 3.4 million dollars to 12 named female plaintiffs in Velez v. Novartis Corp. There was a 5-week trial in front of District Court Judge Colleen...

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HOMELAND SECURITY VIOLATES REHABILITATION ACT BY ASKING INAPPROPRIATE MENTAL-HEALTH QUESTIONS

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling issued on May 3, 2010 by Judge Barry Ted Moskowitz of the Southern District of California, the Department of Homeland Security (DHS) was found to have violated the...

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DOL's E.O. 13496 Final Rule Published

May 19, 2010

On May 20, the U.S. Department of Labor (DOL) will publish its final rule implementing Executive Order 13496 and prescribing the size, form, and content of the notice to be posted by a contractor describing the rights of employees under Federal...

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Checking in With Ricci: Briscoe V. City of New Haven

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyMichael Briscoe was one of the black applicants for promotion to lieutenant in the Supreme Court’s ruling in Ricci v. DeStefano (2009). On remand from the Supreme Court, District Court...

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RICCI’S TENTACLES EXPANDED

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn NAACP v. North Hudson Regional Fire & Rescue (2010 U.S. Dist. LEXIS 40067), the NAACP challenged a residency requirement for firefighter candidates excluding applicants living outside...

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OFCCP THREATENS SANCTIONS AGAINST ASTRAZENECA ON SEX-BASED WAGE DIFFERENCES

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyLorraine McCarthy, staff writer for BNA, reported on May 17, 2010 that the OFCCP has charged AstraZeneca PLC with violating Executive Order 11246 in an administrative complaint filed on...

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WAL-MART AGREES TO MULTI-MILLION SETTLEMENT IN CALIFORNIA WAGE-HOUR CLASS ACTION

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWal-Mart agreed to a settlement of up to 86 million dollars for 232,000 employees alleging nonpayment for vacation or personal leave in accordance with California state law after they...

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