DCI Consulting Blog

Recent litigation against the Twin Peaks restaurant chain has sparked renewed interest in the BFOQ defense, and provides yet another example to employers that hiring practices involving the selection of individuals on the basis of protected...

Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two...

This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse...

It seems that OFCCP and the Department of Labor (DOL) has been active in early 2017. So far in January we have seen a number of press release worthy settlements and lawsuits. This week, in addition to the lawsuit with JPMorgan Chase, DOL released...

The Office of Federal Contract Compliance Programs has filed a lawsuit against JPMorgan Chase & Co for paying a class of 93 female employees lower than their male counterparts in various professional positions (e.g., Application Developer Lead II,...

LexisNexis Risk Solutions, the computer-assisted legal research service, will pay over $1.2 million to resolve systemic pay discrimination against women after the result of two OFCCP compliance reviews in the southeast region.

The company settled...

On January 9, 2017, Governor Cuomo of New York proposed a progressive agenda for the state which included signing two state Executive Orders designed to eliminate the wage gap.

New York Executive Order 161 prohibits asking applicants about their...

For those interested in adverse impact analysis, we strongly recommend reading the new book Adverse Impact Analysis - Understanding Data, Statistics, and Risk. The book, co-edited by Dr. Scott Morris (Illinois Institute of Technology) and our own ...

On October 13, 2016, a wide variety of experts, ranging from data scientists to lawyers, testified at the EEOC to highlight the implications of big data for the American workplace. Big data, as defined by the EEOC press release, includes “the use of...

This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized here

The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11^th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

DCI Consulting Group (DCI) had representatives attend the SHRM Diversity and Inclusion (D&I) conference held October 25-27, 2016 in Austin, TX. A draw for the conference was to hear from business leaders on D&I initiatives, such as aligning D&I...