by Art Gutman Ph.D., Professor, Florida Institute of PsychologyGenerally, federal courts can only hear claims arising under federal law. However, statutory law empowers federal courts to exercise “diversity jurisdiction” over state law civil claims...
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March 02, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Smith v. City of Jackson (2005), the Supreme Court ruled that adverse impact is a valid ADEA claim and that the Factors Other Than Age (RFOA) defense, which is lighter than the...
March 02, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Gross v. FBL (2009) (see http://laws.findlaw.com/us/000/08-441.html), the Supreme Court struck ruled the “mixed-motive” scenario for the ADEA. This was generally seen as a defeat for...
March 02, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn EEOC v. CRST Van Expedited [2010 U.S. Dist. LEXIS 11125], decided February 9, 2010, a trial judge for the Northern District of Iowa struck down a pattern or practice sexual claim on...
March 02, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case was about a firefighter entry-level exam administered to 26,000 applicants in July 2005 and scored in January 2006. Scores were banded into three categories: “well qualified”...
March 02, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyThe case is Schuler v. PricewaterhouseCoopers, decided on February 16, 2010. The case may be viewed online at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-82qpgx. Schuler alleged he was...
February 22, 2010
by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn January 21, 2010 Linda S. Chapman, a Labor Department Administrative Law Judge (ALJ), ruled that Bank of America (BOA) was guilty of a pattern or practice of discrimination against...
February 16, 2010
On January 21, 2010, Linda S. Chapman, a Labor Department ALJ ruled that Bank of America (BOA) discriminated against black applicants for four entry-level jobs in 1993 and from 2002 to 2005. BOA was given14 days to appeal the ruling to the Secretary...
February 16, 2010
The first of five FAQs summarizes the Ricci ruling and the remaining four address whether Ricci affects how the OFCCP will conduct compliance evaluations; whether Ricci alters contractor obligations relating to affirmative action and test...
February 16, 2010
In a ruling handed down on January 11, 2010 (Harrison v. Benchmark Electronics [2010 U.S. App. LEXIS 632; 22 Fla. L. Weekly Fed. C 416] the 11th Circuit ruled that Benchmark violated the ADA by making an illegal medical inquiry prior to a...
February 16, 2010
On January 6, 2010, the Chicago Sun-Times (http://www.policeone.com/patrol-issues/articles/1986463-Chicago-police-may-scrap-entrance-exam/) reported that the City of Chicago is considering scrapping its entry exam. This article, written by Fran...
February 16, 2010
In Decmeber 2009, the City of Bridgeport, Connecticut settled a reverse discrimination lawsuit with 11 white and 1 Hispanic firefighters relating to a promotion exam. The original weightings on the exam (50% written, 45% oral & 5% seniority) were...
