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WAL-MART AGREES TO MULTI-MILLION SETTLEMENT IN CALIFORNIA WAGE-HOUR CLASS ACTION

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWal-Mart agreed to a settlement of up to 86 million dollars for 232,000 employees alleging nonpayment for vacation or personal leave in accordance with California state law after they...

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Third-Party Sexual Harassment in Prisons

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 7 2010, the 11th Circuit affirmed a district court judgment of $630,000 for 14 women (12 nurses, 1 doctor & 1 classification officer) on grounds of third-party sexual harassment....

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EN BANC PANEL OF 9TH CIRCUIT COURT RULES IN DUKES V. WAL-MART

April 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn April 26, 2010, a panel of eleven 9th Circuit Court judges ruled 6-5 that a class approximated at 500,000 female Wal-Mart employees could proceed with a class action suit in...

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TWO RELIGIOUS GARB RULINGS FAVORING PLAINTIFFS

April 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe first ruling is Haqq v. Pennsylvania Department of Public Welfare, decided on March 23, 2010 in U.S. District Court for the Eastern District of Pennsylvania. Haqq, a Muslim woman...

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MINNESOTA DEPARTMENT OF CORRECTIONS (DOC) EARLY RETIREMENT POLICY VIOLATES THE ADEA

April 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an April 8, 2010 ruling by Judge Paul A. Magnusen of the US District Court for the District of Minnesota (EEOC v. Minnesota DOC [No. 08-5252 (PAM/FLN]), Judge Magnusen agreed with the...

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TERMINATED HIV+ EMPLOYEE ALLOWED TO PURSUE CLAIMS UNDER THE ADA AMENDMENTS ACT (ADAAA)

April 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an April 12, 2010 ruling in the US District Court for the Northern District of Illinois (Horgan v. Simmons [2010 U.S. Dist. LEXIS 36915], Judge Ruben Castillo denied summary judgment...

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SENATE HEALTH, EDUCATION, LABOR & PENSIONS COMMITTEE (HELP) HOLDS HEARING ON PAYCHECK FAIRNESS ACT (PFA)

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe meeting, held on March 11, 2010 was chaired by Senator Harkin, with testimony from Congresswoman Rosa DeLauro, an original sponsor of the bill in the House, EEOC Acting Chairman...

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EEOC STEPPING UP PRESSURE ON DISABILITY CLAIMS?

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyPerhaps. or perhaps it’s coincidental. I’ll let you judge. Between March 2 and March 12, 2010, the EEOC announced settlements in 5 ADA cases. Here they are.On March 2, the EEOC announced...

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Firefighters Lose in Disparate Treatment Reverse Discrimination Ruling

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 12, the 7th Circuit affirmed a district court summary judgment ruling favoring the City of Harvey, Illinois in a case in which four white firefighters were passed over for...

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Pending Legislation Related to EEO Issues

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyAccording to a BNA report dated March 26, 2010, congress is likely to turn its attention to three important piece of EEO legislation. For BNA subscribers, the report is available here....

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HARASSMENT AND RETALIATION: TWO INTRIGUING RULINGS

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, there are three prongs to a retaliation claim: (1) plaintiffs must establish engagement in protected activity (either opposing an employer practice and/or filing a formal...

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STOP THE NAME CALLING --- OR ELSE

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 17, 2010, the EEOC announced a settlement of $115,000 with Administaff, a nationwide staffing employer (EEOC v. Administaff Inc., D. Md., No. L09-cv-2881, consent decree entered...

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