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EEOC Ordered to Pay Defense Legal Fees --- Again

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling on 10/26/11, Judge John E. Conway of the District Court of New Mexico ordered the EEOC to pay $140,000 in attorneys’ fees to Tricore Reference Labs for “frivolous,...

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DOL Granted Summary Judgment by District Court in United Space Alliance V. Solis

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn November 14th, 2011 a D.C. District Court judge dismissed a complaint by United Space Alliance that OFCCP violated its 4th amendment and other rights by requesting detailed employee...

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Tinney V. New Haven: Ricci Act 2

November 03, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for...

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Reverse and Remand on Residency Requirement for Non-Uniform Workers

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Meditz v. City of Newark [2011 U.S. App. LEXIS 19670] decided on 9/28/11. The issue is whether a residency requirement for non-uniform employees adversely impacts white...

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Supreme Court Hears Oral Arguments on Ministerial Exemption in ADA & Retaliation Case

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC. At issue is the definition of “minister.” The oral arguments were on October 5th, 2011.The facts of the case are...

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HAMPTON INN IN THE CROSSHAIRS OF THE EEOC --- AGAIN

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAbout a year ago, the EEOC sued a Hampton Inn franchise for racial discrimination and retaliation (see http://www.eeoc.gov/eeoc/newsroom/release/9-30-10.cfm). This particular franchise...

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EEOC Files ADA Lawsuits Against Five Companies

September 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI was struck while reading the news releases on the EEOC website (http://www.eeoc.gov) that five ADA lawsuits were filed in a span of less than two weeks (9/8/11 through 9/19/11). What’s...

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Ellis v. Costco - Dukes v. Walmart Revisited?

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling that should interest all employers facing class action lawsuits, the 9th Circuit, interpreting Dukes v. Walmart, overturned the main components of a class action lawsuit...

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GRANT V. METRO (PART 2)

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI want to use this space to explain why Grant v. Metro is potentially a landmark case in the making. It’s a relatively lengthy story, so please bear with me. The story begins with the...

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Grant v. Metropolitan Government of Nashville and Davidson County, TN (Metro) - Part 1

September 19, 2011

Grant v. Metro was decided on August 26, 2011 by a divided three-judge panel of the 6th Circuit Court [2011 U.S. App. LEXIS 18054]. The case was recently summarized by Rich Tonowski of the EEOC. I’ve been waiting for this type of case since the...

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OFCCP SUES LEPRINO FOOD FOR ADVERSE IMPACT AGAINST BLACK, ASIAN & HISPANIC APPLICANTS

September 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe suit, announced on September 1, 2011, seeks back pay, interest for at least 270 class members and job offers for at least 17 of the original applicants under the threat of...

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OPM & EEOC LAUNCH INITIATIVE TO REDUCE SEX-BASED PAY DISPARITIES IN GOVERNMENT

August 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of Technology On August 16, 2011 OPM Director John Berry and EEOC Chair Jacqueline A. Berrien issued a memorandum to all civilian federal employees during EEOC's Examining Conflicts in Employment Law...

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