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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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Functional Affirmative Action Plan (FAAP) process trends

February 22, 2010

by Keli Parody Wilson, Consultant, DCI Consulting GroupThe contractor community has seen a shift in the agencies focus since Patricia Shiu started with the Office of Federal Contract Compliance Programs (OFCCP), such as increased attention on the...

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DOL Releases OFCCP Enforcement Budget and Initiatives for 2011

February 16, 2010

The full report is available at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-04.pdf. Major features include:· OFCCP will randomly select establishments 2 industries in FY 2010 for baseline measures. Establishments will be re-evaluated in FY...

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ADMINISTRATIVE LAW JUDGE (ALJ) RULES AGAINST BANK OF AMERICA

February 16, 2010

On January 21, 2010, Linda S. Chapman, a Labor Department ALJ ruled that Bank of America (BOA) discriminated against black applicants for four entry-level jobs in 1993 and from 2002 to 2005. BOA was given14 days to appeal the ruling to the Secretary...

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CCE RELEASES ITS ANNUAL REPORT ON OFCCP TRANSPARENCY

February 16, 2010

The full report is available at http://www.cceq.org/. The major findings in the reports are:

  • Number of settlements increased from 61 in FY 2007 to 73 in FY 2008
  • As in FY 2007, over 95% of the settlements involved allegations of systemic...
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OFCCP Addresses FAQS on Ricci V. Destefano

February 16, 2010

The first of five FAQs summarizes the Ricci ruling and the remaining four address whether Ricci affects how the OFCCP will conduct compliance evaluations; whether Ricci alters contractor obligations relating to affirmative action and test...

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