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EEOC Holds Public Meeting to Discuss Harassment Prevention

November 05, 2018

On October 31st, the Equal Employment Opportunity Commission (EEOC) held a public meeting at agency headquarters on the topic of harassment. Titled "Revamping Workplace Culture to Prevent Harassment," this meeting brought together several...

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Texas v EEOC: DOJ Weighs in on Technicalities

September 17, 2018

Briefly, the Department of Justice (DOJ) weighed in on the appeal to the State of Texas v. Equal Employment Opportunity Commission (EEOC) district court ruling from February. The main crux of the submitted brief re-asserts that Texas has no standing...

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EEO-1 Filing Locations: Client Sites Required?

February 23, 2018

In recent weeks, guidance was released by the EEOC’s Joint Reporting Committee detailing that employers with employees who “regularly report” to client sites must now report those employees on an EEO-1 report with the address of the client site, as...

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Split Decision on EEOC Background Check Guidance Case in Texas

February 16, 2018

On February 1, 2018, a federal court judge issued a split decision in Texas v. the Equal Employment Opportunity Commission (EEOC) regarding enforcement of the EEOC’s 2012 guidance on background checks. The guidance warns that employers’ use of...

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EEOC and DOJ take Opposing Positions on Sexual Orientation Discrimination in 2nd Circuit

August 22, 2017

On June 23, 2017, the Equal Employment Opportunity Commission (EEOC) filed an amicus brief in the 2nd Circuit appeal of Zarda v. Altitude Express, expressing a position they have held since 2015: “Sexual orientation discrimination is, by definition,...

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DCI Video Chat: Google Wins Denial of Access Matter with OFCCP

July 21, 2017
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Is your website accessible?

July 21, 2017

The time has come that businesses need to take a serious look at their websites and accessibility. A Florida federal judge has ruled Winn-Dixie’s website violated the Americans with Disabilities Act.

“The factual findings demonstrate that...

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DCI STAFF ATTEND SIOP’S 32nd ANNUAL CONFERENCE IN ORLANDO, FLORIDA

May 22, 2017

The 32nd Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 26-29, 2017 in Orlando, Florida. This conference brings together members of the I/O community, both practitioners and academics, to discuss...

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Third Circuit Rules In Favor Of Subgroup Comparisons In ADEA Adverse Impact Claims

March 24, 2017

The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 [849 F.3d 61]. Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations in a RIF.  There was no layoff plan.  In the words of...

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Eleventh Circuit Issues Critical Ruling on Sexual Orientation Discrimination

March 23, 2017

The case is Evans v. Georgia Regional Hospital decided on 3/10/17 [2017 U.S. App. LEXIS 4301].  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc ruling by all available 11th Circuit judges. ...

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For Whom The Clock Tolls

March 22, 2017

The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio [2017 U.S. Dist. LEXIS 37912].  Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio University, was denied tenure by Dean...

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Judge Neil Gorsuch’s Record on Employment Law As a 10th Circuit Court Judge

February 07, 2017

In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.*  By my count, 9 were favorable to employers and four were fully or partially favorable to employees.  Sizing up a potential justice is, of course, more than...

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