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Ellis v. Costco - Dukes v. Walmart Revisited?

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling that should interest all employers facing class action lawsuits, the 9th Circuit, interpreting Dukes v. Walmart, overturned the main components of a class action lawsuit...

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GRANT V. METRO (PART 2)

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI want to use this space to explain why Grant v. Metro is potentially a landmark case in the making. It’s a relatively lengthy story, so please bear with me. The story begins with the...

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Grant v. Metropolitan Government of Nashville and Davidson County, TN (Metro) - Part 1

September 19, 2011

Grant v. Metro was decided on August 26, 2011 by a divided three-judge panel of the 6th Circuit Court [2011 U.S. App. LEXIS 18054]. The case was recently summarized by Rich Tonowski of the EEOC. I’ve been waiting for this type of case since the...

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OFCCP SUES LEPRINO FOOD FOR ADVERSE IMPACT AGAINST BLACK, ASIAN & HISPANIC APPLICANTS

September 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe suit, announced on September 1, 2011, seeks back pay, interest for at least 270 class members and job offers for at least 17 of the original applicants under the threat of...

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Sequel to EEOC V. CINTAS

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe purpose of this alert is to further explain the distinction between the McDonnell Douglas scenario for individual disparate treatment claims versus the Teamsters scenario for...

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2nd Circuit Vacates and Remands in Briscoe V. New Haven

August 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI reported on the district court ruling on this case in a DCI Alert dated May 17, 2010. To refresh your memory, Michael Briscoe was an applicant for lieutenant in the Ricci v. DeStefano...

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DCI Staff Attend 29th ILG Annual Conference Held In New Orleans

August 08, 2011

The 29th Annual National Conference for the Industry Liaison Group (ILG) was held July 25 – 29, 2011 in New Orleans, LA. This annual conference brings together members of the federal contracting community to discuss affirmative action and equal...

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Alcoa Mill Products to Pay More Than $540,000 in Settlement With OFCCP

August 05, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe agreement relates to a charge of discrimination in hiring against Hispanic, African American and females for the position of material handler. Alcoa Mills will make $484,656.19 in...

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8TH CIRCUIT COURT UPHOLDS EEOC SUBPOENA FOR CLASSWIDE DATA BASED ON INDIVIDUAL SEX DISCRIMINATION CLAIM

July 26, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Schwan’s Home Service [ 2011 U.S. App. LEXIS 14291, 7/13/11]. The facts are that Schwan hired Kim Millren in March 2007 as a location general manager under the...

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5TH CIRCUIT DECLINES EN BANC REVIEW OF FISHER V. UNIVERSITY OF TEXAS

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn August 17, 2009, Judge Sam Sparks of the US District Court for the Western District of Texas granted summary judgment to the University of Texas (UT) at Austin in a lawsuit by two...

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VERIZON SETTLES WITH EEOC ON ADA LAWSUIT

July 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an agreement announced on July 6, 2011, the EEOC reported that Verizon Communications has agreed to a $20 million settlement related to the company’s “no fault” attendance plan (see ...

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DCI Staff Attend EEOC Meeting on Disparate Treatment in Hiring

July 01, 2011

by Eileen Curtayne, Ph.D. and Jana Moberg, HR Analysts DCI ConsultingOn June 22, 2011 the EEOC hosted a commission meeting to address potential strategies for identifying and remedying disparate treatment in applicant hiring. According to the...

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