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OFCCP Releases New FAAP Directive

June 28, 2011

by Keli Wilson, Senior Consultant, DCI ConsultingEffective June 14, 2011, OFCCP released a much anticipated new FAAP directive, outlining the application process to seek approval for and develop an affirmative action plan by a business function or...

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SUPREME COURT RULES IN FAVOR OF WAL-MART

June 21, 2011

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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ALJ Rules that Parent Company and its Subsidiary are a Single Entity for Purposes of OFCCP Jurisdiction

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...

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EEOC WINS JURY VERDICT IN KEY ADA CASE

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...

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Wells Fargo Settles Sex Discrimination Claim

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...

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VEVRAA NPRM COMMENT PERIOD EXTENDED

June 17, 2011

On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 23358) proposes revising regulations implementing the affirmative action...

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OFCCP RECALLS ALL MIDWEST SCHEDULING LETTERS DATED JUNE 3, 2011

June 17, 2011

DCI has learned that OFCCP is recalling all scheduling letters dated June 3 sent from the Midwest Region Office. Apparently these scheduling letters were unauthorized and should not have been sent out. Contractors are being notified by OFCCP that...

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Astrazeneca Settles With OFCCP on Allegations of Sex Discrimination in Pay

June 08, 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,...

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5TH CIRCUIT REMANDS RETALIATION CLAIM BASED ON THOMPSON V. NORTH AMERICAN STAINLESS

May 31, 2011

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...

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DISTRICT COURT OF WESTERN PENNSYLVANIA CALLS EEOC SUBPOENA A "FISHING EXPEDITION"

May 31, 2011

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...

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EEOC Ordered to Split Subpoena Compliance Costs With Third-Party Tester

May 31, 2011

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...

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7th Circuit Rules in LEWIS V. CHICAGO

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...

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