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GRANGER V. AARON’S: A MISFILED SEXUAL HARASSMENT SUIT TOLLED BY THE 5TH CIRCUIT COURT

March 29, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOrdinarily, we are not interested in misfiled cases, but this one involves a claim misfiled with the OFCCP that could have been dropped because of the Title VII statute of limitations....

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TWO JURY AWARDS IN SECTION 1983 RACE DISCRIMINATION LAWSUITS

March 29, 2011

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

The first case is Matusick v. Erie County Water Authority (ECWA) decided in front of Judge Richard J. Arcara in the District Court of the Western District of New York [2011 U.S. Dist....

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EEOC FINALIZES ADA REGULATIONS IN LIGHT OF THE ADA AMENDMENTS ACT OF 2008

March 28, 2011

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

The EEOC published the regulations for the ADA in light of the ADAAA on March 25, 2011 with an effective date of two months thereafter. Along with the new regulations, the EEOC...

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WAS CHARLIE SHEEN REGARDED AS BEING DISABLED?

March 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyCharlie Sheen’s “adventures” have dominated the popular press and Internet blogs in recent weeks. We do not normally feature such stories in this space. However, last week, his lawyers...

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SEXUAL HARASSMENT CLAIM DENIED FOR WOMAN WHO QUITS AFTER MAKING SEXUAL HARASSMENT COMPLAINT

March 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe alleged facts in Kurtts v. Chiropractic Strategies Group [2011 U.S. Dist. LEXIS 22144, 3/4/11] are that Crystal Kurtts, a receptionist at a chiropractic clinic in Alabama complained...

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ALJ Rules on OFCCP's Desk Audit Screen of Item 11

March 04, 2011

by David Cohen, President, DCI Consulting GroupA recent ruling by an Administrative Law Judge (ALJ) regarding Item 11 requests has some important implications for both contractors and the OFCCP. The case, OFCCP v. United Space Alliance LLC, DOL,...

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OFCCP Plans to Rescind its 2006 Compensation Standards

March 04, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs noted in several recent DCI Blogspots, the OFCCP is proposing to rescind the Standards written in 2006 for evaluating systematic discrimination in compensation cases. As noted in...

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OFCCP SETTLES GENDER HIRING CASE WITH GREEN BAY DRESSED BEEF FOR $1.65 MILLION

February 04, 2011

OFCCP announced on February 3 that the agency had reached a settlement agreement with Green Bay Dressed Beef LLC that will pay $1.65 million in back wages, interest, and benefits to 970 women who were rejected for general laborer positions at the...

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Class Certification Denied Despite Prior OFCCP Audit

January 18, 2011

The case is Randall v. Rolls Royce, decided on March 12, 2010. The facts of this case are hardly extraordinary. Two named plaintiffs at Rolls Royce sued for systemic sex discrimination under Title VII and unequal pay for equal work under the Equal...

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EEOC Reports Record High Private Sector Claims in FY 2010

January 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a press release on 1/11/11, the EEOC reported a record number of discrimination claims in the private sector for FY 2010, which ended on September 30, 2010. The actual number was...

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Classic Example of Sex-Plus Discrimination

January 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a settlement announced by the EEOC with Denver Hotel Management Co., the company agreed to a $105,000 settlement for failure to promote Renate Rivelli for sex-plus discrimination in...

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THIRD CIRCUIT FAVORS AGGREGATION OF DATA IN CALCULATING ADVERSE IMPACT

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Stagi v. AMTRAK (2010 U.S. App. Lexis 17261, 8/16/10) in which a class of women alleged that a policy of requiring union employees to have one year of service in a current...

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