by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 20, 2011, the Supreme Court ruled against the Dukes Plaintiffs in Wal-Mart v. Dukes. The ruling was unanimous to the point that the plaintiffs wrongly used Rule 23(b)(2) for...
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June 21, 2011
June 21, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn the case of OFCCP v. Manheim Auctions Inc. [DOL OALJ, No. 2011-OFC-00005, 6/14/11], ALJ Alan L. Bergstrom addressed the issue of whether Manheim Auctions Government Services LLC...
June 21, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. AutoZone [C.D. Ill., No. 07 C 1154, jury verdict 6/3/11)], in which a jury returned a verdict that AutoZone failed to reasonably accommodate John Shepherd, an auto...
June 21, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 8, 2011, Judge Colleen Kollar-Koteely of the District Court of the District of Columbia approved a 32 million dollar settlement between Wells Fargo and a class of more than 3,000...
June 17, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a consent decree announced on June 6, 2011, AstraZeneca agreed to a $250,000 (plus interest) settlement on behalf of 124 female pharmaceutical sales specialists that, allegedly,...
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Zamora v. Houston [2011 U.S. App. LEXIS 9827], decided on May 12, 2011. The facts are that a Houston Police Department (HPD) lieutenant (Manuel Zamora) filed original race...
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. University of Pittsburgh Medical Center (UPMC), decided on May 24, 2011 [2011 U.S. Dist. LEXIS 55311]. The facts of the case are as follows. The EEOC sued UPMC on...
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 3, 2011 Judge Arthur J. Schwab of the District Court of Western Pennsylvania ordered the EEOC and Kronos Inc. to split the costs (estimated at $75,000) of complying with a...
May 31, 2011
by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs reported in a May 2010 alert, the Supreme Court unanimously opined that the plaintiffs in Lewis v. Chicago may proceed to trial with their adverse impact challenge to written exams...
I believe that the 2nd Circuit ruling in this case as relates to affirmative action is both confusing and, based on prior Supreme Court precedents, incorrect. Bare with me as I explain. Let’s begin by comparing the rulings in United Steelworkers v....
