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Adverse Impact Is Not a Viable ADEA Claim for Applicants

November 11, 2016

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 11th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...

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DCI Attended the SHRM D&I Conference

November 10, 2016

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...

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OFCCP Updates between Administrations

November 09, 2016

The election has passed, and soon there will be changes at OFCCP. These changes primarily include a new politically appointed OFCCP Director and the shifts this new leadership will bring with it. Looking forward, we have noted recent changes in the...

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GAO OFCCP Recommendations: Have We Met Before?

November 07, 2016

In light of Pat Shiu’s recent departure from OFCCP (as of 11/6/16) and the continuous buzz around the OFCCP-focused GAO report, we wonder… what’s next? As a follow-up to DCI’s 9/29/16 blog, we wanted to share some interesting similarities between...

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Camp v. Bi-Lo LLC 6th Circuit Rules Essential Job Functions Must Be Proven

November 04, 2016

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time. He worked the night shift...

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Sequel To OFCCP Lawsuit Against Palantir

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.

The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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Texas Judge Issues a Preliminary Injunction Shutting Down the Fair Pay and Safe Workplaces Rule

October 25, 2016

On October 24th, 2016, one day before the new Fair Pay and Safe Workplaces Rule was to take effect, a federal judge in Texas issued a preliminary injunction shutting down the “blacklisting” rule. The Associated Builders and Contractors of Southeast...

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Final Changes Announced for EEO-1 Survey

October 18, 2016

One day before the September 30 deadline for the 2016 EEO-1 filing season, the EEOC put out a press release announcing that changes to the EEO-1 report have now been finalized. The changes were initially proposed in February, and have since...

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DCI’s Dr. Eric Dunleavy Testified at EEOC on Behalf of SHRM

October 17, 2016

Dr. Eric M. Dunleavy, Director of the Personnel Selection and Litigation Support Services Group at DCI Consulting, spoke on behalf of the Society for Human Resource Management (SHRM) at an EEOC Public Commission Meeting on October 13th, 2016. This...

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The Trojan Horse: Poor Data Management or Disparate Impact?

October 17, 2016

A September 26th OFCCP News Release indicated that OFCCP is suing Palantir Technologies for systemic discrimination against Asian job applicants in three job titles: Quality Assurance Engineer, Software Engineer, and Quality Assurance Engineer...

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DOL Issues Final Rule on Paid Sick Leave for Federal Contractors

October 14, 2016

On September 30, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division published the Final Rule implementing Executive Order 13706, which requires covered federal contractors to provide up to seven days (56 hours) of paid sick leave...

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