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US Security Associates (USSA) 4TH Amendment Challenge to OFCCP Denied

September 24, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

We reported on USSA’s 4th Amendment challenge in an alert posted on July 17, 2012.  It was a short post that read as follows:

On June 20, 2012, USSA filed an administrative complaint...

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VETS100-100A FEDERAL CONTRACTOR REPORTING ALERT

September 24, 2012

by Keli Wilson, Senior Consultant, DCI Consulting GroupFederal contractors need to be aware of a significant change to the VETS100-100A electronic file upload function this year. Specifically, when a text file is uploaded to the online system it...

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EEOC V. KRONOS - Act 2

September 24, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe reported on Act 1 in an alert posted on May 31, 2011. It seemed like the case was over --- well think again. What seemed ominous for test makers at that time seems even more ominous...

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DCI Staff Attend the 30th Annual ILG National Conference & Exposition

September 24, 2012
The 2012 Industry Liaison Group (ILG) National Conference was held August 27-31, 2012 in Waikoloa, HI. DCI staff attended the 30th annual conference, and presented in numerous workshop sessions on such topic areas as systemic discrimination...
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AUTOMOTIVE PARTS COMPANY COMMITS MAJOR ADA MISTAKE

September 14, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a settlement announced by the EEOC on 9/5/12, Dura Automotive Systems agreed to a $750,000 ADA settlement (see http://www.eeoc.gov/eeoc/newsroom/release/9-5-12.cfm). It was alleged...

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7th Circuit Alters Prior ADA Precedent on Reassignment of Injured Employee to Vacant Position

September 14, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. United Airlines, originally decided on March 7, 2012 [2012 U.S. App. LEXIS 4713] and posted in an alert dated March 12, 2012. The more recent United Airlines ruling,...

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Practical Significance Needed for Large Sample Comparisons

September 14, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Apsley v. Boeing, decided on August 27, 2012 [2012 U.S. App. Lexis 18161]. Boeing sold two of its facilities to Spirit AeroSystems and terminated an entire workforce of more...

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EEOC Compelled To Submit To Deposition Regarding Its Own Use Of Criminal Background Checks

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Freeman, decided on August 14, 2012 by Judge Charles B. Day, Magistrate for the District Court of Maryland [2012 U.S. Dist. Lexis 114408]. The facts are that the EEOC...

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CONTRACTOR DEEMED EMPLOYER FOR RACIAL DISCRIMINATION BY SUBCONTRACTOR WORKERS

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Case is Hall v. Walsh Construction decided on August 9, 2012 [2012 U.S. Dist. LEXIS 112111] by Judge Joan Humphrey Lefkow of the Northern District of Illinois, Eastern Division. The...

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INTERESTING POST - ADAAA CLAIM SURVIVES SUMMARY JUDGEMENT

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Case is Harty v. City of Sanford (Florida), decided on August 8, 2012 [2012 U.S. Dist. Lexis 111121] by Judge Gregory A. Presnell of the Middle District of Florida, Orlando Division....

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9TH CIRCUIT RULES BULLOCK V. BERRIEN CAN GO FORWARD

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe ruling was handed down on July 30, 2012 and overturns the lower court (see http://www.ca9.uscourts.gov/datastore/opinions/2012/07/30/10-55866.pdf). The facts are that Mary Bullock,...

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2nd Circuit issues potentially controversial ruling in firefighter promotion case

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is M.O.C.H.A. v. City of Buffalo, decided in a majority ruling by the 2nd Circuit on July 30, 2012 [2012 U.S. App. LEXIS 15715]. M.O.C.H.A. (“Men of Color Helping All”) sued the...

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