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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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COURT DISMISSES EQUAL PAY ACT (EPA) CASE BY EEOC

June 05, 2012

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

The case is EEOC v. Port Authority of N.Y. & N.J. decided on 5/17/12 (see http://www.nylj.com/nylawyer/adgifs/decisions/052112buchwald.pdf). The case began in 2007 when a female...
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DCI Staff Attend SIOP’S 27th Annual Conference Held in San Diego

June 04, 2012
by Amanda Shapiro, Kayo Sady, Ph.D, & Eric Dunleavy, Ph.D., DCI Consulting Group
The 27th Annual Conference for the Society for Industrial and Organizational Psychology (SIOP) was held April 26-28, 2012 in San Diego, CA. Attendees and presenters...
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EEOC Releases New Guidelines on Arrest & Conviction Records

May 09, 2012

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

The release (at https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm) is dated 4/25/12 and is the first update on arrest and conviction records since 1990. The focus is on...
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2nd CIRCUIT OVERTURNS SUMMARY JUDGMENT IN FEMALES SAME-SEX HARASSMENT CASE

May 09, 2012

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

The case is Redd v. NY State Division of Parole, decided on 5/4/12 [2012 U.S. App. LEXIS 9194]. T here are two interesting issues here.  First, and most obvious, the claim features ...
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DCI Staff Attend Swarm ILG Conference: What You Need To Know

May 03, 2012

The Annual Southwest and Rocky Mountain (SWARM) Region Industry Liaison Group (ILG)Conference was held April 10 – 13, 2012 in San Antonio, TX. This annual conference brings together members of the federal contracting community to discuss affirmative...

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EEOC Appeals for En Banc Rehearing of EEOC V. CRST

April 20, 2012

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

In an alert posted on March 2, 2010, I summarized the ruling in EEOC v. CRST Van Expedited [2009 U.S. Dist. LEXIS 71396], in which Judge Linda R. Reade struck down class certification...
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Final EEOC Rule on "Reasonable Factors Other Than Age" (RFOA) Under The ADEA

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe final rule (http://www.eeoc.gov/eeoc/newsroom/release/3-21-12.cfm) alters the definition of RFOA in light of Supreme Court rulings in Smith v. City of Jackson (2005) [544 U.S. 228]...

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7TH CIRCUIT Ruling on Adverse Impact, Pattern or Practice, and Class Certification

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case Puffer v. Allstate Ins. Co. was handed down on March 27, 2012 [2012 U.S. App. LEXIS 6213]. The headline reads that the 7th Circuit upheld a lower court ruling rejecting class...

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A Retrospective Dive into Puffer V. Allstate

April 10, 2012

by Eric Dunleavy Ph.D., Principal Consultant, DCI ConsultingAs Art described in an earlier post, the recent 7th circuit ruling in Puffer v. Allstate emphasized some nuanced class certification issues and the differentiated disparate impact claims...

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5TH CIRCUIT OVERTURNS JURY RULING ON CONSTRUCTIVE DISCHARGE

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Nassar v. University of Southwestern Texas Medical Center (UTSW), decided on March 8, 2012 by a three-judge panel of the 5th Circuit [2012 U.S. App. LEXIS 4874]. At the...

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Strange Wording in a Pay Discrimination Case

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is King v. Acosta Sales & Marketing, decided by the 7th Circuit on March 13, 2012 [2012 U.S. App. LEXIS 5156]. The plaintiff, Susan King, lost on summary judgment at the...

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