3 min read
EEOC Set to Address Gender Preference as "Sex Stereotyping"
The Employment Non-Discrimination Act (ENDA), a proposed bill in each Congress since 1994, is about to fail for what, by my count, would be the 11th...
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EEO Case Law (6)
1 min read
Dollar General Agrees To 4 Million Dollar Settlement For Improper Use Of Background Credit Information
Oct 31, 2014, 1:04:23 PM
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...
1 min read
EEOC Locks in on Transgender Discrimination
Oct 14, 2014, 12:10:08 PM
Recent lawsuits filed by the EEOC related to transgender discrimination illustrate what is a growing focus of the government and enforcement...
2 min read
Implications of Lopez v. City of Lawrence
Sep 30, 2014, 10:32:41 AM
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...
1 min read
President Obama Amends Executive Orders 11246 & 11478 Affording Protections for LGBT & Sexual Orientation
Jul 23, 2014, 12:43:41 PM
The amendments were issued on July 21, 2014 amid controversy regarding who is who is not exempted. The first amendment includes gender identity and...
2 min read
No Harm, No Foul Defense Rejected in ADA Case
Jul 22, 2014, 3:41:57 PM
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...
1 min read
COUNTY AND UNION FOUND GUILTY OF RETALIATION
Jul 21, 2014, 3:18:38 PM
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...
2 min read
9TH CIRCUIT OVERTURNS LOWER COURT RULING ON COMMONALITY IN CLASS ACTION CERTIFICATION IN AN ADEA ADVERSE IMPACT CLAIM
Jun 30, 2014, 11:15:23 AM
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...
1 min read
DCI Announces "Webinar Wednesdays" to Begin July 9
Jun 23, 2014, 5:24:05 PM
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...
1 min read
House Republicans Criticize EEOC on Criminal Background Checks and Enforcement Tactics
Jun 23, 2014, 10:20:46 AM
The criticisms were leveled during an oversight meeting on June 10, 2014 of the Subcommittee on Workforce Protections chaired by Time Walberg...
2 min read
8th Circuit Court Endorses Narrow Interpretation of Being "Similarly Situated"
Jun 16, 2014, 10:45:25 AM
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...
1 min read
Plaintiff Awarded $1.35 Million in Reverse Discrimination Lawsuit
Jun 16, 2014, 8:34:51 AM
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...