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NY State Appeals Court Awards 2.7 Million to White Firefighters in Reverse Discrimination Case

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Margerum v. City of Buffalo, decided on 2/8/12 by Justice John A. Michalek of that New York State Supreme Court in Erie County. The allegation in this case was that the city...

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Major District Court Ruling in Firefighter Promotion Exams - Part 1

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Bazile v. City of Houston, decided by District Court in the Southern District of Texas decided on 2/6/12. (see 2012 U.S. Dist. LEXIS 14712). This is a very complex case that...

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DCI Releases 2012 Training Schedule

January 19, 2012

DCI Consulting is excited to release its 2012 Equal Employment Opportunity (EEO) and Affirmative Action (AA) Training program. This program is catered toward HR practitioners, compliance analysts, and lawyers in both internal and external counsel...

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EEOC Settles with Pepsi on Alleged Discrimination

January 19, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe EEOC announced on 1/11/12 that Pepsi Beverages has agreed to a 1.3 million settlement to head off litigation (see http://www.eeoc.gov/eeoc/newsroom/release/1-11-12a.cfm). Most of the...

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OFCCP FILES ADMINISTRATIVE COMPLAINT AGAINST BRUNSWICK CORPORATION

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 12/1/11 with the OFCCP’s Office of Administrative Law Judges (OFCCP v. Lund Boat Co. and Brunswick Corp.
Case Number: 2012-OFC-00002; see ...

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EEOC ISSUES PRIVATE LETTER ON HS DIPLOMAS & THE ADA

December 08, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn 10/9/09, a letter written to the EEOC asked the following question:

[Does] the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA), prohibit...
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OFCCP FILES ADMINISTRATIVE COMPLAINT AGAINST CARGILL MEAT SOLUTIONS

November 30, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe complaint was filed on 11/29/11 with the OFCCP’s Office of Administrative Law Judges (see http://www.dol.gov/opa/media/press/ofccp/OFCCP20111648.htm). It alleges that Cargill...

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SUPREME COURT REFUSES TO HEAR APPEAL IN LUFKIN INDUSTRIES V. MCCLAIN

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe refusal to grant certiorari in this case was handed down on 11/14/11 (2011 U.S. LEXIS 8265). Ordinarily, refusal to grant certiorari is no big deal … indeed, it’s the norm, not the...

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Tinney V. New Haven: Ricci Act 2

November 03, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for...

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Reverse and Remand on Residency Requirement for Non-Uniform Workers

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Meditz v. City of Newark [2011 U.S. App. LEXIS 19670] decided on 9/28/11. The issue is whether a residency requirement for non-uniform employees adversely impacts white...

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Supreme Court Hears Oral Arguments on Ministerial Exemption in ADA & Retaliation Case

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC. At issue is the definition of “minister.” The oral arguments were on October 5th, 2011.The facts of the case are...

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HAMPTON INN IN THE CROSSHAIRS OF THE EEOC --- AGAIN

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAbout a year ago, the EEOC sued a Hampton Inn franchise for racial discrimination and retaliation (see http://www.eeoc.gov/eeoc/newsroom/release/9-30-10.cfm). This particular franchise...

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