DCI Consulting Blog

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...

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...

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....

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...

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...

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...

(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...

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...

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...

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...

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...

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”...