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8TH CIRCUIT COURT UPHOLDS EEOC SUBPOENA FOR CLASSWIDE DATA BASED ON INDIVIDUAL SEX DISCRIMINATION CLAIM

July 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Schwan’s Home Service [ 2011 U.S. App. LEXIS 14291, 7/13/11]. The facts are that Schwan hired Kim Millren in March 2007 as a location general manager under the...

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OFCCP Director Shiu Conducts Q&A Session

July 26, 2011

The Q&A occurred on July 12, 2001 and during the session, Director Patricia A. Shiu revealed several important pending developments. Among her introductory remarks, she announced that the OFCCP is “engaged in several efforts to strengthen and update...

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Hilda Solis Addresses Wal-Mart V. Dukes Ruling

July 12, 2011

Secretary of Labor Hilda L. Solis addressed the 22nd convention of the National Employment Lawyers Association (NELA) on July 1, 2011, and a highlight, if not the focus of her remarks, was on the Supreme Court’s recent ruling in Wal-Mart v. Dukes....

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5TH CIRCUIT DECLINES EN BANC REVIEW OF FISHER V. UNIVERSITY OF TEXAS

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn August 17, 2009, Judge Sam Sparks of the US District Court for the Western District of Texas granted summary judgment to the University of Texas (UT) at Austin in a lawsuit by two...

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VERIZON SETTLES WITH EEOC ON ADA LAWSUIT

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an agreement announced on July 6, 2011, the EEOC reported that Verizon Communications has agreed to a $20 million settlement related to the company’s “no fault” attendance plan (see ...

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CCE Submits Comments on Veterans NPRM and Proposed Scheduling Letter Changes

July 12, 2011

July 11, 2011 - CCE submitted the following comments on OFCCP’s NPRM for the Veterans AAP regulations and proposed changes to the scheduling letter’s itemized listing. These comments were submitted through www.regulations.gov.CCE Comments on...

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OFCCP Releases 2011 Regulatory Agenda

July 11, 2011
OFCCP Director Patricia Shiu announced last Thursday, July 7th, the release of their regulatory agenda for this past spring of 2011. In the agenda, OFCCP has ambitiously proposed regulations over the next year for veterans, individuals with...
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CCE Submits Comments on Veterans NPRM

July 06, 2011

The Equal Employment Advisory Council, the U.S. Chamber of Commerce, the National Association of Manufacturers, The Associated General Contractors of America, the Center for Corporate Equality, and the HR Policy Association submitted a letter to the...

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DCI Staff Attend EEOC Meeting on Disparate Treatment in Hiring

July 01, 2011

by Eileen Curtayne, Ph.D. and Jana Moberg, HR Analysts DCI ConsultingOn June 22, 2011 the EEOC hosted a commission meeting to address potential strategies for identifying and remedying disparate treatment in applicant hiring. According to the...

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Analysis of the Supreme Court Ruling in WAL-MART v. DUKES

June 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs noted in a prior alert on June 21, 2011, the Supreme Court ruled against the plaintiffs in Wal-Mart v. Dukes [2011 U.S. LEXIS 4567, 6/2011]. As noted in that alert, the ruling was...

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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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