DCI Consulting Blog

On June 23, 2017, the Equal Employment Opportunity Commission (EEOC) filed an amicus brief in the 2^nd Circuit appeal of Zarda v. Altitude Express, expressing a position they have held since 2015: “Sexual orientation discrimination is, by definition,...

The time has come that businesses need to take a serious look at their websites and accessibility. A Florida federal judge has ruled Winn-Dixie’s website violated the Americans with Disabilities Act.

“The factual findings demonstrate that...

The 32nd Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held April 26-29, 2017 in Orlando, Florida. This conference brings together members of the I/O community, both practitioners and academics, to discuss...

The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 [849 F.3d 61]. Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations in a RIF. There was no layoff plan. In the words of...

The case is Evans v. Georgia Regional Hospital decided on 3/10/17 [2017 U.S. App. LEXIS 4301].  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc ruling by all available 11^th Circuit judges. Second,...

The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio [2017 U.S. Dist. LEXIS 37912]. Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio University, was denied tenure by Dean Middleton...

In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.* By my count, 9 were favorable to employers and four were fully or partially favorable to employees. Sizing up a potential justice is, of course, more than a...

Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two...

This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse...

This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized here

The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11^th Circuit. At issue was an advertisement by the defendant for recent college graduates. Richard Villarreal, the...