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SENATE TO VOTE ON THE EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)

November 12, 2013
A variety of news sources reported that Senate Majority Leader Harry Reid announced on the Senate floor on October 28, 2013 that ENDA is among the legislative priorities of the Senate, and that a vote will take place on the bill (S-815) prior to...
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EEOC SETTLES CASE ON HARASSMENT AND SPEAK-ENGLISH-ONLY RULES

November 12, 2013
The EEOC announced a settlement for $450,000 ($50,000 in attorney fees) for 18 Hispanic employees on grounds of harassment based on national origin and for a Speak-English-Only rule that the EEOC found had an adverse impact on Hispanics and...
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Supreme Court Hears Oral Arguments in Schuette v. Coalition

October 22, 2013

Oral arguments were held on October 17, 2013. In a nutshell, the case is about a Michigan law (Proposal 2) than bans preferential treatment based on race, sex, color, ethnicity, or national origin in public education, employment, or contracting....

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Three Judge Panel of the 6TH Circuit Affirms District Court Ruling in EEOC V. PeopleMark in 2-1 Ruling

October 22, 2013

The case is EEOC v. Peoplemark, an appeals ruling decided on 10/7/13 [2013 U.S. App. LEXIS 20408]. We previously reported the district court ruling in this case in a client alert on 11/15/11. The facts of the case are that the EEOC claimed that...

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Medtronic Settles With OFCCP On Wage Discrimination Charges

October 08, 2013

In a news release dated 9/23/13, the OFCCP announced a $290,000 settlement with Medtronic Interventional Vascular Inc., a wholly owned subsidiary of Medtronic (see https://www.dol.gov/newsroom/releases/ofccp/ofccp20131811). The OFCCP alleged that 78...

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DUKES V. WAL-MART “SUBCLASS” PLAINTIFFS SUFFER YET ANOTHER LOSS

October 08, 2013
The case is Love v. Wal-Mart, decided on 9/4/13 by District Court Judge Robert N. Scolar, Jr. of the Southern District of Florida. The class is yet another subclass of plaintiffs from the original Dukes v. Wal-Mart class. This is fifth rejected...
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En Banc Panel of 5th Circuit Supports Verdict of Same-Sex Harassment

October 08, 2013

The case is EEOC v. Boh Brothers, decided by a 10-6 vote by an en banc panel of the 5th Circuit on 9/27/13 [2013 U.S. App. LEXIS 19867]. The facts in this case are clearly reprehensible. A male supervisor (Wolfe) of an all-male construction site...

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EEOC MOUNTS CAMPAIGN ON REASONABLE ACCOMMODATIONS UNDER THE ADA

September 24, 2013

Within the last two weeks, the EEOC filed four lawsuits and announced one settlement all related to the same issue --- reasonable accommodations under the ADA.

On 8/29/13, the EEOC announced a lawsuit against House of Raeford Farms, a poultry...

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Gulino V. Board of Education NYC: Act VI

September 24, 2013

This case started in 1996 when Black and Hispanic teachers brought action in 1996 against both the State Education Department (SED) and the New York City Board of Education (the Board) claiming adverse impact based on two licensing tests, the...

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THIRD PARTY RETALIATION CLAIM ALLOWED TO PROCEED

September 24, 2013

The case is Dinkens v. Creative Business Solutions (CBS) decided on 9/4/13 by Judge Richard D. Rogers of the District Court of Kansas [2013 U.S. Dist. LEXIS 125898].

The facts in this case are interesting. Dinkens was offered a job by the United Way...

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EEOC V. Freeman: EEOC Dealt Another Loss On Background Checks

September 04, 2013

The ruling was handed down on 8/913 by Judge Roger W. Titus of the District Court of Maryland and may be read at the following site:

 This is the second defeat in a row for the EEOC on background checks following EEOC v. Kaplan’s Higher Learning...
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NINE STATE ATTORNEYS GENERAL CHALLENGE EEOC PROSCRIPTIONS AGAINST CRIMINAL BACKGROUND CHECKS IN LETTER TO EEOC

August 14, 2013
The letter was written on July 25, 2013 by West Virginia Attorney General Patrick Morrisey, and is joined by attorneys general from Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina and Utah The letter was reprinted in the West...
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