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Following Up on the NYC Firefighter Case

June 04, 2013

Last week, Art Gutman wrote an interesting blog on US & Vulcan v. NYC, which is a NYC firefighter case involving both pattern or practice and disparate impact allegations. https://dciconsult.com/us-vulcan-society-v-nyc-a-saga-continues/. Recall that...

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US & Vulcan Society v. NYC

May 21, 2013

There are too many rulings in this case to summarize all of them in a single Alert. So I will stick to what I consider the four major acts in a play that is likely to continue. On May 14, the 2nd Circuit ruled in the latest version (Act IV) of US &...

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Formica Settles Race Discrimination Case With OFCCP For $291,000

May 21, 2013

The settlement was reported on April 25, 2013 in a DOL News Brief. For undisclosed reasons, the specifics of the settlement have, as of this writing, not appeared in the OFCCP news site (see http://www.dol.gov/ofccp/). However, other sources,...

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Bertucci Contracting Settles Race Discrimination Case with OFCCP

May 07, 2013

Bertucci provides flood control and restoration services and has received more than 80 million in federal contracts related disaster recovery efforts, most notably, in the wake of Hurricane Katrina in 2005 and the British Petroleum oil spill in...

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8TH CIRCUIT DEFERS TO EMPLOYER’S JUDGMENT ON WHAT CONSTITUTES AN ESSENTIAL JOB FUNCTION

May 07, 2013

To claim protected class membership under the ADA, the individual must prove (a) disability within the meaning of the law (an impairment that significantly restricts a major life activity) and, (b) qualification (ability to perform the essential job...

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DCI Staff Attend SIOP’s 28th Annual Conference Held In Houston

May 07, 2013

The 28th Annual Conference for the Society for Industrial and Organizational Psychology (SIOP) was held April 11-13, 2013 in Houston, TX. Attendees and presenters from a variety of industries and backgrounds took part in the event, including but not...

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Court Finds Stock Statistics Sufficient for Systemic Discrimination Whereas Applicant Flow Data are Unnecessary

April 23, 2013

The case is EEOC v. Bass Pro Outdoor World (BPOW) decided on March 18, 2013 by District Court Judge Keith B. Ellison of the District of Texas, Houston Division [2013 U.S. Dist. LEXIS 36711]. As far as pattern or practice cases go, this one is not...

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CRIMINAL BACKGROUND CHECKS TO GET A CLOSE LOOK

April 09, 2013

In the past year, both EEOC and OFCCP have given notice that they will be carefully watching employers’ policies on hiring criminal offenders. In April of 2012, EEOC issued, EEOC Enforcement Guidance on the Consideration of Arrest and Conviction...

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Supreme Court Agrees to Hear Key Affirmative Action Case

April 09, 2013

The case is Schuette v. Coalition to Defend Affirmative Action, which the Supreme Court granted certiorari on March 25, 2013 [2013 U.S. LEXIS 2504]. The case involves an amendment to the Michigan State Constitution that would prohibit all sex and...

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COURT ORDERS EEOC TO PRODUCE WITNESS FOR DEPOSITION REGARDING WHETHER PRE-SUIT INVESTIGATION OCCURRED

March 25, 2013

The case is EEOC v. Grane Healthcare, decided on 3/25/13 by Judge Kim R. Gibson of the Western District of Pennsylvania [2013 U.S. Dist. LEXIS 35869]. The case itself is a class action suit by the EEOC alleging that two healthcare providers (Grane...

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District Court Rules in Favor of Employer in Credit Check Case

March 20, 2013

The case is EEOC v. Kaplan Higher Learning decided on January 28 by Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division (2013 U.S. Dist. LEXIS 11722). The EEOC claimed that Kaplan’s use of credit...

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Letter To President For Executive Order Banning Contractors From Discriminating Based On Sexual Orientation

March 08, 2013
by Art Gutman Ph.D., Professor, Florida Institute of Technology
The letter was written on February 20, 2013 and signed by more than 50 organizations. 

The letter quoted from President Obama’s second inaugural address in which he stated “our journey...

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