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Oklahoma Passes Law Restricting Access to Social Media Accounts of Employees

May 27, 2014

We have previously reported on two “disasters” related to the misuse of social media information (see Alerts dated 12/5/13 & 3/17/14). Now we have news that Oklahoma Governor Mary Fallin signed a bill that places restrictions on employers seeking...

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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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Supreme Court Rules in Favor of Michigan Voter Ban on Race Preference in Scheutte v. Coalition to Defend Affirmative Action

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong. I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling). Instead it was a 6-2 ruling with Kennedy,...

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No Legal Basis For Claiming Reverse Discrimination Under The ADA

April 29, 2014

The case is Ingram v. Henry Ford Health Systems decided on 4/21/14 by Judge Nancy G. Edmunds of the U.S. District Court for the Eastern District of Michigan [2014 U.S. Dist. LEXIS 54857]. The facts of the case are that Ingram, a supervisor,...

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BED BATH AND BEYOND AGREES TO $125,000 SETTLEMENT FOR POLICY THAT AUTOMATICALLY EXCLUDES APPLICANTS WITH FELONY CHARGES

April 29, 2014

New York State Attorney General Eric T. Schneiderman announced on 4/22/14 that Bed Bath & Beyond agreed to rescind its policy to automatically exclude applicants with felony convictions and to pay $125,000 as part of the settlement, to include...

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SPLIT 6TH CIRCUIT PANEL OVERTURNS SUMMARY JUDGMENT RULING ON WORKING AT HOME AS A REASONABLE ACCOMMODATION

April 29, 2014

The case is EEOC v. Ford Motor Company decided by a 2-1 split ruling by the 6th Circuit on 4/22/14 [2014 U.S. App. LEXIS 7502].  The case is important because historically, circuit courts, including the 6th Circuit, have routinely held that working...

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EEOC LOSES APPEAL IN KAPLAN CASE

April 15, 2014

I reported on district court ruling EEOC v. Kaplan Higher Learning in an Alert dated 3/21/13, in which Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division awarded summary judgment to Kaplan on EEOC’s...

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Secretary Of Labor Announces Moratorium For TRICARE Providers

April 01, 2014

The Secretary of Labor, Thomas Perez, announced a moratorium on enforcement of affirmative action obligations for TRICARE providers. In a letter to several members of the Committee on Education and the Workforce and the Subcommittee Workforce...

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House of Representatives Inquires About DOL's Future Plans for LGBT

April 01, 2014

In a letter addressed to Secretary of Labor Thomas Perez, 19 Democrats from the House of Representatives inquired about the extent to which the Department of Labor (DOL) plans to include lesbian, gay, bisexual, and transgender (LGBT) individuals in...

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98 MILLION DOLLAR SETTLEMENT IN UNITED STATES v. NYC FIREFIGHTER CASE

April 01, 2014

We first reported on this case in an Alert on August 12, 2010. The case is interesting because it is a long-running adverse impact case that ultimately morphed into a disparate treatment case. Originally, the DOJ challenged two entry-level exams...

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District Court Judge Rules in Favor of OFCCP’s New Section 503 Rrule

March 21, 2014

A ruling was issued today by District Judge Emmet Sullivan in the case of Associated Builders Contractors, Inc. v. Patricia A. Shiu in the United States District Court for the District of Columbia (the ruling may be viewed here). Associated...

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$26.1 Million Awarded to Fired Employee in Age Discrimination Case

March 17, 2014

The case is Nickel v. Staples Contract and Commercial, Inc. (Shegerian and Associates) decided on 2/27/14 in Los Angeles County Superior Court. A summary of the case may be viewed here.

As reported by the plaintiff’s attorneys (Shegerian and...

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