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CONTRACTORS RECEIVE SPRING 2010 CSAL FROM OFCCP

April 08, 2010

by Fred Satterwhite, Senior Consultant, DCI Consulting GroupFederal contractors are currently receiving the Spring 2010 edition of OFCCP's Corporate Scheduling Announcement Letter (CSAL), which was sent to contractors' chief executive officers at...

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SENATE HEALTH, EDUCATION, LABOR & PENSIONS COMMITTEE (HELP) HOLDS HEARING ON PAYCHECK FAIRNESS ACT (PFA)

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe meeting, held on March 11, 2010 was chaired by Senator Harkin, with testimony from Congresswoman Rosa DeLauro, an original sponsor of the bill in the House, EEOC Acting Chairman...

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EEOC STEPPING UP PRESSURE ON DISABILITY CLAIMS?

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyPerhaps. or perhaps it’s coincidental. I’ll let you judge. Between March 2 and March 12, 2010, the EEOC announced settlements in 5 ADA cases. Here they are.On March 2, the EEOC announced...

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Firefighters Lose in Disparate Treatment Reverse Discrimination Ruling

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 12, the 7th Circuit affirmed a district court summary judgment ruling favoring the City of Harvey, Illinois in a case in which four white firefighters were passed over for...

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Pending Legislation Related to EEO Issues

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyAccording to a BNA report dated March 26, 2010, congress is likely to turn its attention to three important piece of EEO legislation. For BNA subscribers, the report is available here....

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DOL Secretary Solis Testifies on FY 2011 Budget

March 30, 2010

On March 12, 2010, Labor Secretary Hilda Solis testified in front of the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies regarding the DOL’s FY 2011 budget. Text of Secretary Solis’s prepared...

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HARASSMENT AND RETALIATION: TWO INTRIGUING RULINGS

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, there are three prongs to a retaliation claim: (1) plaintiffs must establish engagement in protected activity (either opposing an employer practice and/or filing a formal...

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STOP THE NAME CALLING --- OR ELSE

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 17, 2010, the EEOC announced a settlement of $115,000 with Administaff, a nationwide staffing employer (EEOC v. Administaff Inc., D. Md., No. L09-cv-2881, consent decree entered...

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E.O. 13496 Final Rule Submitted to OMB; Final Action Possible By May

March 08, 2010

(UPDATE: Final rule published on May 20, 2010)

The U.S. Department of Labor (DOL) has submitted to the Office of Information and Regulatory Affairs (OIRA) a final rule prescribing the details of the notice of employee rights under Federal labor...

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Supreme Court affirms “Nerve Center” approach to “Diversity Jurisdiction” in Hertz v. Friend

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, federal courts can only hear claims arising under federal law. However, statutory law empowers federal courts to exercise “diversity jurisdiction” over state law civil claims...

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EEOC PROPOSES NEW ADEA REGULATION FOR RFOA STATUTORY ADEA DEFENSE TO ADVERSE IMPACT

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Smith v. City of Jackson (2005), the Supreme Court ruled that adverse impact is a valid ADEA claim and that the Factors Other Than Age (RFOA) defense, which is lighter than the...

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ADEA RULING OVERTURNED BASED ON THE SUPREME COURT’S RULING GROSS V. FBL FINANCIAL SERVICES

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Gross v. FBL (2009) (see http://laws.findlaw.com/us/000/08-441.html), the Supreme Court struck ruled the “mixed-motive” scenario for the ADEA. This was generally seen as a defeat for...

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