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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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EEOC Ordered to Pay Over 4.5 Million to Defendant

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn EEOC v. CRST Van Expedited [2010 U.S. Dist. LEXIS 11125], decided February 9, 2010, a trial judge for the Northern District of Iowa struck down a pattern or practice sexual claim on...

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Supreme Court Hears Oral Arguments in Lewis v. Chicago

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case was about a firefighter entry-level exam administered to 26,000 applicants in July 2005 and scored in January 2006. Scores were banded into three categories: “well qualified”...

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DC CIRCUIT COURT RULES THAT LEDBETTER LAW CANNOT BE USED TO REVIVE PROMOTION CLAIMS UNDER ADEA

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case is Schuler v. PricewaterhouseCoopers, decided on February 16, 2010. The case may be viewed online at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-82qpgx. Schuler alleged he was...

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EEOC ISSUES NEW DATA ON JOB PATTERNS IN PRIVATE SECTOR

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn a press release dated February 5, 2010, the EEOC reported the following facts based on EEO-1 data extracts in 2008. Key facts include:

  • Of the approximately 62 million private sector...
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SHRM Online Weighs in on Chicago Test Rumors

March 02, 2010

As noted in a prior DCI Update, it was reported in the Chicago newspapers that the Chicago Police Department is considering scrapping its police entry exam (see ...

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Follow-Up Administrative Law Judge (ALJ) Rules Against Bank of America

February 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn January 21, 2010 Linda S. Chapman, a Labor Department Administrative Law Judge (ALJ), ruled that Bank of America (BOA) was guilty of a pattern or practice of discrimination against...

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The New OFCCP Administration: Focus on Veterans and Disabilities

February 22, 2010

by Joanna Colosimo, Consultant, DCI Consulting GroupFor Fiscal Year 2010, there was a 16% increase to the OFCCP’s budget, which represents the largest percentage increase the agency has received on record. This addition to the agency’s budget will...

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