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Dollar General Agrees To 4 Million Dollar Settlement For Improper Use Of Background Credit Information

October 31, 2014

The case is Marcum v. Dolgencorp (E.D. Va., No. 12-108, 10/16/14) and the reason for the settlement has nothing to do with adverse impact. The basis of the settlement is the Fair Credit Reporting Act (FCRA). The following is a brief overview of...

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EEOC LOCKS IN ON TRANSGENDER DISCRIMINATION

October 14, 2014

Recent lawsuits filed by the EEOC related to transgender discrimination illustrate what is a growing focus of the government and enforcement agencies. Two recent cases in particular serve as the tipping point for collective efforts to extend...

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Implications of Lopez v. City of Lawrence

September 30, 2014

On September 5, 2014, Judge D.J. O’Toole of the District Court of Massachusetts delivered the latest ruling on alternatives to reduce adverse impact after a defendant has successfully proven the challenged test is job related and consistent with...

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PRESIDENT OBAMA AMENDS EXECUTIVE ORDERS 11246 & 11478 AFFORDING PROTECTIONS FOR LGBT & SEXUAL ORIENTATION

July 23, 2014

The amendments were issued on July 21, 2014 amid controversy regarding who is who is not exempted. The first amendment includes gender identity and sexual orientation as protected groups in EO 11246, which applies to federal contractors, and the...

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NO HARM, NO FOUL DEFENSE REJECTED IN ADA CASE

July 22, 2014

The case is EEOC v. Grane Healthcare Company, which has three iterations, all at the district court level. These include an initial ruling on March 15, 2013 [2013 U.S. Dist. LEXIS 35869], and two rulings on July 7, 2014 [2014 U.S. Dist. LEXIS 28477...

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COUNTY AND UNION FOUND GUILTY OF RETALIATION

July 21, 2014

The case is Booth v. Pasco County, Florida and Association of Firefighters Local 4420 decided on July 3, 2014 [2014 U.S. App. LEXIS 12838]. The facts of the case are that Anthony Booth filed a grievance against the captain of his fire station citing...

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9TH CIRCUIT OVERTURNS LOWER COURT RULING ON COMMONALITY IN CLASS ACTION CERTIFICATION IN AN ADEA ADVERSE IMPACT CLAIM

June 30, 2014

The case is Stockwell v. City & County of San Francisco decided on April 24, 2014 [749 F.3d 1107]. First the facts. In the early 1980s, the City of San Francisco settled a Title VII adverse impact case in a consent decree that was terminated in...

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DCI Announces "Webinar Wednesdays" to Begin July 9

June 23, 2014

DCI is gearing up to host a series of complimentary webinars to provide the federal contractor community with the most up-to-date guidance and tips for ensuring EEO compliance. Beginning July 9 through November, register for our Webinar Wednesdays...

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House Republicans Criticize EEOC on Criminal Background Checks and Enforcement Tactics

June 23, 2014

The criticisms were leveled during an oversight meeting on June 10, 2014 of the Subcommittee on Workforce Protections chaired by Time Walberg (R-Mich.).  The entire hearing may be viewed at here. Among various witnesses, Lucia Bone, founder of Sue...

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8TH CIRCUIT COURT ENDORSES NARROW INTERPRETATION OF BEING "SIMILARLY SITUATED"

June 16, 2014

The case is Young v. Builder’s Steel decided on 6/9/14 [2014 U.S. App. LEXIS 10643]. The facts of the case are that Michael Young was the only black employee in a 23-person shop in Kansas City in which he worked for 26 years before being laid off....

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Plaintiff Awarded $1.35 Million in Reverse Discrimination Lawsuit

June 16, 2014

The case is Barella v. Village of Freeport, the facts of which are described in district court rulings on November 8, 2013 [2013 U.S. Dist. LEXIS 160268] and April 26, 2014 [2014 U.S. Dist. LEXIS 58827].  The judgment was based on a jury trial.

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DCI Staff Attend SIOP'S 29TH Annual Conference Held in Honolulu

June 12, 2014

The 29th Annual Conference for the Society of Industrial and Organizational Psychology (SIOP) was held May 15-17, 2014 in Honolulu, HI. This conference brings together members of the I/O community, both practitioners and academics, to discuss areas...

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