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Supreme Court Punts in Long-Awaited Ruling in Fisher V. University of Texas

July 09, 2013

The ruling was handed down on 6/24/13 [2013 U.S. LEXIS 4701]. In a 7-1 vote (with Justice Kagan not participating), the Court decided that the district used the wrong standard for ruling summary judgment for the university, which, the 5th Circuit...

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Outreach to Veterans II: Become A Champion

June 18, 2013

In our first Outreach to Veterans blog, we focused on developing a veteran recruitment strategy that considered resources available to you and how to maximize them. In addition, tips and resources were provided to ramp up your outreach efforts. To...

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Implications of Veteran Preference in Hiring

June 18, 2013

In an effort to strengthen regulatory requirements related to veteran affirmative action and nondiscrimination, the OFCCP released in April 2011 a Notice of Proposed Rulemaking (NPRM) for the Affirmative Action and Nondiscrimination Obligations of...

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Could you send us job descriptions for all 1,000 of your jobs by next week?

June 18, 2013

Because DCI has noticed an increase in the number of OFCCP requests for copies of job descriptions, we thought this might be a good time to discuss the importance of job descriptions. From an audit perspective, job descriptions can be a double-edged...

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Equal Pay Enforcement: What Do The Laws Say?

June 18, 2013

Art  recently described a pay equity ruling that was declined for review by the Supreme Court. At the heart of the ruling was the difference between pay equity under Title VII versus the Equal Pay Act. We thought a follow up blog on the matter would...

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Exploring The Uniform Guidelines on Employee Selection Procedures

June 18, 2013

Many readers are familiar with the Uniform Guidelines on Employee Selection Procedures (UGESP), which describe the standards by which EEO regulatory agencies evaluate adverse impact analyses and validation evidence in impact cases. Although these...

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SIXTH CIRCUIT LEANS ON DUKES V. WAL-MART TO DENY CLASS CERTIFICATION

June 18, 2013
The case is Davis v. Cintas, decided by the 6th Circuit on 5/30/13 [2013 U.S. App. LEXIS 10856]. This case is very much like Dukes v. Wal-Mart [131 S. Ct. 2541, 112 FEP Cases 769 (2011)], but on a smaller scale. Aside from scale, the claims are...
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Supreme Court Passes on Alleged Conflict Between Title VII and The Equal Pay Act (EPA)

June 18, 2013

In Moten v. Broward County, Irma Moten, a black female forensic technician with the Broward County Medical Examiner's Office sued for pay discrimination under the EPA and race discrimination under Title VII on the same set of facts: the county hired...

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An Imperfect Analysis: Promotions and Terminations

June 04, 2013

As a part of a complete proactive affirmative action program, it is a best practice to conduct disparity (a.k.a. adverse impact) analyses for promotions and terminations personnel activity. Conducting these analytics is not only important in regard...

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Following Up on the NYC Firefighter Case

June 04, 2013

Last week, Art Gutman wrote an interesting blog on US & Vulcan v. NYC, which is a NYC firefighter case involving both pattern or practice and disparate impact allegations. https://dciconsult.com/us-vulcan-society-v-nyc-a-saga-continues/. Recall that...

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Directive 307: More Thoughts on Proactive Analyses

June 04, 2013

This blog continues the ongoing discussion of the implications of Directive 307 on proactive pay equity analyses. As discussed in an earlier blog, deciding which racial/ethnic subgroups to compare in a pay equity analysis and at which unit of...

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More Musings on Directive 307

June 03, 2013

Over the last few weeks, DCI staff members have written a number of blogs related to OFCCP’s pay equity directive. These blogs have focused on some of the challenges federal contractors will likely face when conducting proactive pay equity research...

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