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OFCCP V. Manheim Auctions, Inc. - Part 2

September 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a DCI Client Alert published on June 21, 2011, we reported ALJ Alan L. Bergstrom’s ruling in OFCCP v. Manheim Auctions Inc. [DOL OALJ, No. 2011-OFC-00005, 6/14/11]. The case involved...

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EEOC Files ADA Lawsuits Against Five Companies

September 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI was struck while reading the news releases on the EEOC website (http://www.eeoc.gov) that five ADA lawsuits were filed in a span of less than two weeks (9/8/11 through 9/19/11). What’s...

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Ellis v. Costco - Dukes v. Walmart Revisited?

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling that should interest all employers facing class action lawsuits, the 9th Circuit, interpreting Dukes v. Walmart, overturned the main components of a class action lawsuit...

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GRANT V. METRO (PART 2)

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI want to use this space to explain why Grant v. Metro is potentially a landmark case in the making. It’s a relatively lengthy story, so please bear with me. The story begins with the...

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Grant v. Metropolitan Government of Nashville and Davidson County, TN (Metro) - Part 1

September 19, 2011

Grant v. Metro was decided on August 26, 2011 by a divided three-judge panel of the 6th Circuit Court [2011 U.S. App. LEXIS 18054]. The case was recently summarized by Rich Tonowski of the EEOC. I’ve been waiting for this type of case since the...

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OFCCP SUES LEPRINO FOOD FOR ADVERSE IMPACT AGAINST BLACK, ASIAN & HISPANIC APPLICANTS

September 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe suit, announced on September 1, 2011, seeks back pay, interest for at least 270 class members and job offers for at least 17 of the original applicants under the threat of...

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OPM & EEOC LAUNCH INITIATIVE TO REDUCE SEX-BASED PAY DISPARITIES IN GOVERNMENT

August 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of Technology On August 16, 2011 OPM Director John Berry and EEOC Chair Jacqueline A. Berrien issued a memorandum to all civilian federal employees during EEOC's Examining Conflicts in Employment Law...

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Sequel to EEOC V. CINTAS

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe purpose of this alert is to further explain the distinction between the McDonnell Douglas scenario for individual disparate treatment claims versus the Teamsters scenario for...

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EEOC Ordered to Pay 2.6 Million for Defendant Fees and Costs

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of Technology In a ruling handed down on August 4, 2011, District Court Judge Sean F. Cox ordered the EEOC to pay 2.6 million dollars for attorneys’ fees and costs in the case of EEOC v. Cintas [2011...

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2nd Circuit Vacates and Remands in Briscoe V. New Haven

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI reported on the district court ruling on this case in a DCI Alert dated May 17, 2010. To refresh your memory, Michael Briscoe was an applicant for lieutenant in the Ricci v. DeStefano...

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OFCCP to Issue NPRM for a New Compensation Data Collection Tool

August 09, 2011

Following the completed OMB review of OFCCP’s Advance Notice of Proposed Rulemaking (ANPRM) for a new Compensation Data Collection Tool, OFCCP will issue its ANPRM for the tool in the August 10, 2011 edition of the Federal Register. The agency notes...

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DCI Staff Attend 29th ILG Annual Conference Held In New Orleans

August 08, 2011

The 29th Annual National Conference for the Industry Liaison Group (ILG) was held July 25 – 29, 2011 in New Orleans, LA. This annual conference brings together members of the federal contracting community to discuss affirmative action and equal...

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