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INTERESTING POST - ADAAA CLAIM SURVIVES SUMMARY JUDGEMENT

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Case is Harty v. City of Sanford (Florida), decided on August 8, 2012 [2012 U.S. Dist. Lexis 111121] by Judge Gregory A. Presnell of the Middle District of Florida, Orlando Division....

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9TH CIRCUIT RULES BULLOCK V. BERRIEN CAN GO FORWARD

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe ruling was handed down on July 30, 2012 and overturns the lower court (see http://www.ca9.uscourts.gov/datastore/opinions/2012/07/30/10-55866.pdf). The facts are that Mary Bullock,...

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2nd Circuit issues potentially controversial ruling in firefighter promotion case

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is M.O.C.H.A. v. City of Buffalo, decided in a majority ruling by the 2nd Circuit on July 30, 2012 [2012 U.S. App. LEXIS 15715]. M.O.C.H.A. (“Men of Color Helping All”) sued the...

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Monsanto Settles With OFCCP on Charges of Sex Discrimination

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The consent decree, was approved on 7/26/12 by an administrative law judge (see Monsanto consent decree). A compliance review by the OFCCP in February 2006 revealed that Monsanto...

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OFCCP SETTLES WITH LEPRINO FOODS ON ADVERSE IMPACT CHARGES

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a release dated 7/19/12, the OFCCP announced a settlement with Denver, CO based Leprino Foods, a major producer of mozzarella cheese. The OFCCP alleges that Leprino’s Lemoore West...

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Pest Control Company agrees to $2.5 Million Settlement

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe settlement, finalized on 7/17/12, included a class of 486 African American job applicants in relation to alleged racially discriminatory hiring practices (Waters v. Cook’s Pest...

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6th Circuit Interprets "Cat's Paw" Theory of Liability in Chattman V. Toho Tenax American, Inc.

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology Cat’s Paw theory stems from a fable by Jean de La Fontaine first published in 1679. In the fable, a monkey dupes a cat into pulling chestnuts from a fire and eats them all as the cat...

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EEOC CLAMPS DOWN HARASSMENT

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology The EEOC announced eight harassment settlements and one court judgment in a 16-day stretch from 6/21/12 to 7/6/12. The cases feature primarily harassment based on sex and race, but...

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EEOC FILES ADA COMPLAINT AGAINST A DISABILITY PROVIDER

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a press release dated 7/11/12, the EEOC announced it is suing Pace Solano, a Solano County, California disability services provider for rescinding a job offer after a medical exam see...

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EEOC SETTLES ADA CLAIM WITH RCC CONSULTANTS

July 17, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a prior alert involving Solano Pace, we reported that a disability services provider rescinded an offer of employment following discovery of a physical impairment (partial paralysis...

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MINNESOTA ENACTS QUESTIONABLE STATUTE ON VOLUNTARY PREFERENCE FOR VETERANS IN THE PRIVATE SECTOR

June 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The law was signed by the Governor of Minnesota on April 18, 2012 (see https://www.revisor.mn.gov/laws/?id=186&doctype=chapter&year=2012&type=0). It permits private, nonpublic...
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HR Manager Not Protected for Actions during Internal Investigation

June 05, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

The case is Townsend v. Benjamin Enterprises Incorporated (BEI) decided by the 2nd Circuit on May 9, 2012 [2012 U.S. App. LEXIS 9441]. The main actors in this case are Michelle...
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