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Sequel to EEOC V. CINTAS

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe purpose of this alert is to further explain the distinction between the McDonnell Douglas scenario for individual disparate treatment claims versus the Teamsters scenario for...

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EEOC Ordered to Pay 2.6 Million for Defendant Fees and Costs

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of Technology In a ruling handed down on August 4, 2011, District Court Judge Sean F. Cox ordered the EEOC to pay 2.6 million dollars for attorneys’ fees and costs in the case of EEOC v. Cintas [2011...

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2nd Circuit Vacates and Remands in Briscoe V. New Haven

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI reported on the district court ruling on this case in a DCI Alert dated May 17, 2010. To refresh your memory, Michael Briscoe was an applicant for lieutenant in the Ricci v. DeStefano...

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DCI Staff Attend 29th ILG Annual Conference Held In New Orleans

August 08, 2011

The 29th Annual National Conference for the Industry Liaison Group (ILG) was held July 25 – 29, 2011 in New Orleans, LA. This annual conference brings together members of the federal contracting community to discuss affirmative action and equal...

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Alcoa Mill Products to Pay More Than $540,000 in Settlement With OFCCP

August 05, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe agreement relates to a charge of discrimination in hiring against Hispanic, African American and females for the position of material handler. Alcoa Mills will make $484,656.19 in...

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DUKES V. WAL-MART TAKE 2?

August 02, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAccording to several sources, Wal-Mart has no objection to extending the deadline for 90 days so as to reestablish a presumably smaller portion of the class that was decertified by the...

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8TH CIRCUIT COURT UPHOLDS EEOC SUBPOENA FOR CLASSWIDE DATA BASED ON INDIVIDUAL SEX DISCRIMINATION CLAIM

July 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Schwan’s Home Service [ 2011 U.S. App. LEXIS 14291, 7/13/11]. The facts are that Schwan hired Kim Millren in March 2007 as a location general manager under the...

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Hilda Solis Addresses Wal-Mart V. Dukes Ruling

July 12, 2011

Secretary of Labor Hilda L. Solis addressed the 22nd convention of the National Employment Lawyers Association (NELA) on July 1, 2011, and a highlight, if not the focus of her remarks, was on the Supreme Court’s recent ruling in Wal-Mart v. Dukes....

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5TH CIRCUIT DECLINES EN BANC REVIEW OF FISHER V. UNIVERSITY OF TEXAS

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn August 17, 2009, Judge Sam Sparks of the US District Court for the Western District of Texas granted summary judgment to the University of Texas (UT) at Austin in a lawsuit by two...

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VERIZON SETTLES WITH EEOC ON ADA LAWSUIT

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an agreement announced on July 6, 2011, the EEOC reported that Verizon Communications has agreed to a $20 million settlement related to the company’s “no fault” attendance plan (see ...

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Analysis of the Supreme Court Ruling in WAL-MART v. DUKES

June 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs noted in a prior alert on June 21, 2011, the Supreme Court ruled against the plaintiffs in Wal-Mart v. Dukes [2011 U.S. LEXIS 4567, 6/2011]. As noted in that alert, the ruling was...

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SUPREME COURT RULES IN FAVOR OF WAL-MART

June 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 20, 2011, the Supreme Court ruled against the Dukes Plaintiffs in Wal-Mart v. Dukes. The ruling was unanimous to the point that the plaintiffs wrongly used Rule 23(b)(2) for...

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