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Camp v. Bi-Lo LLC 6th Circuit Rules Essential Job Functions Must Be Proven

November 04, 2016

In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time. He worked the night shift...

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Sequel To OFCCP Lawsuit Against Palantir

November 02, 2016

In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in...

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Cisco Systems Wins Summary Judgment in Race Discrimination Claim Based on Voluntary Self-Disclosure of Race Data

October 31, 2016

The case is Dougboh v. Cisco Systems, Inc. decided on 10/24/16 by Judge William J. Martini of the District Court of New Jersey.  The ruling may be read here.

The facts of the case are that Pascal Doughboh applied online for hundreds of jobs at...

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The Trojan Horse: Poor Data Management or Disparate Impact?

October 17, 2016

A September 26th OFCCP News Release indicated that OFCCP is suing Palantir Technologies for systemic discrimination against Asian job applicants in three job titles: Quality Assurance Engineer, Software Engineer, and Quality Assurance Engineer...

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OFCCP SUES PALO ALTO TECH COMPANY FOR SYTEMIC DISCRIMINATION IN HIRING

October 04, 2016

On 9/21/16 the OFCCP filed suit with the Office of ALJs against Palo Alto Palantir, a technology company. The claim is that Palantir discriminated systematically against Asian job applicants in hiring in comparison to Non-Asian applicants for three...

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7th Circuit Rules Against Complaint of Discrimination Based on Sexual Orientation

August 29, 2016

The case is Hively v. Ivy Tech Community College decided on July 28, 2016. The facts of the case are that Kimberly Hively was hired by the college as a part-time adjunct professor in 2000. Subsequently, she applied for six different full time...

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Having A Sexual Harassment Policy Is Not Good Enough - It Has To Be Properly Employed

July 29, 2016

The rules for sexual harassment, as established by the Supreme Court in Burlington v. Ellerth (1998) [544 U.S. 72] and Faragher v. Boca Raton [544 U.S. 775], make it clear that an employer is strictly liable for quid pro quo harassment, but has an...

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Supreme Court Supports University in Fisher v. University of Texas

June 27, 2016

The majority ruling was written by Justice Kennedy (for Breyer, Ginsburg & Sotomayor).  Justice Thomas wrote a one-page dissent in which he opined that he would have overturned Grutter v. Bollinger (2003, and a much longer dissent by Alito (for...

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Bank of America Fights Back

June 03, 2016

As reported previously, an Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race discrimination in hiring for entry level jobs, and was ordered to pay $964,033...

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OFCCP v. Bank of America - 23 Years Later

May 31, 2016

There are two cases here. The first case was in 1993 and the second one covered 2002 to 2005. An Administrative Law Judge (ALJ) found Bank of America (BOA) (previously Nations Bank) guilty of a pattern or practice of discrimination of race...

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Updated Fact Sheet on EEOC Litigation Regarding Title VII and LGBT-Related Discrimination

April 15, 2016

The original guidance on Title VII & LGBT discrimination was published in December 2012.  The update, which includes recent cases, settlement, amicus briefs was published on 3/1/16 and may be viewed here. The original goals, as stated in the update,...

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OFCCP Settles With Reynolds Consumer Products On Blanket Exclusions Based on Criminal Background Checks

February 26, 2016

The settlement, announced on February 22, 2016, calls for, among other things, payment of $86,000 to 74 black applicants from the period between March 2007 and February 2008, as well as the promise to offer jobs to seven of the class members as they...

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