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Analysis of the Supreme Court Ruling in WAL-MART v. DUKES

June 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs noted in a prior alert on June 21, 2011, the Supreme Court ruled against the plaintiffs in Wal-Mart v. Dukes [2011 U.S. LEXIS 4567, 6/2011]. As noted in that alert, the ruling was...

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Wells Fargo Settles Sex Discrimination Claim

June 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 8, 2011, Judge Colleen Kollar-Koteely of the District Court of the District of Columbia approved a 32 million dollar settlement between Wells Fargo and a class of more than 3,000...

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DISTRICT COURT OF WESTERN PENNSYLVANIA CALLS EEOC SUBPOENA A "FISHING EXPEDITION"

May 31, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. University of Pittsburgh Medical Center (UPMC), decided on May 24, 2011 [2011 U.S. Dist. LEXIS 55311]. The facts of the case are as follows. The EEOC sued UPMC on...

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EEOC Ordered to Split Subpoena Compliance Costs With Third-Party Tester

May 31, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 3, 2011 Judge Arthur J. Schwab of the District Court of Western Pennsylvania ordered the EEOC and Kronos Inc. to split the costs (estimated at $75,000) of complying with a...

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7th Circuit Rules in LEWIS V. CHICAGO

May 31, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs reported in a May 2010 alert, the Supreme Court unanimously opined that the plaintiffs in Lewis v. Chicago may proceed to trial with their adverse impact challenge to written exams...

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Addendum to 2nd Circuit Court Ruling in US V. NYC BD. OF ED.

May 16, 2011

I believe that the 2nd Circuit ruling in this case as relates to affirmative action is both confusing and, based on prior Supreme Court precedents, incorrect. Bare with me as I explain. Let’s begin by comparing the rulings in United Steelworkers v....

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2ND CIRCUIT COURT BECOMES FIRST APPEALS COURT TO INVOKE RICCI STANDARD

May 16, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI guess that’s appropriate since the 2nd Circuit was the “victim” of the Supreme Court’s ruling in Ricci v. Destefano (2009). Recall that in Ricci, the 2nd Circuit endorsed the City of...

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DCI Staff Present at SIOP’S 26th Annual Conference Held in Chicago

April 26, 2011

The 26th Annual Conference for the Society for Industrial and Organizational Psychology (SIOP) was held April 14-16, 2011 in Chicago, IL. Attendees and presenters from a variety of industries and backgrounds took part in the event. As is typically...

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CITY OF PHILADELPHIA PASSES ORDINANCE TO RESTRICT INQUIRIES INTO CRIMINAL HISTORY

April 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs reported by BNA, Philadelphia PA Mayor Michael A. Nutter signed the so-called “Ban the Box” bill on April 13, 2011 prohibiting both public and private employers from divulging their...

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Classic Example of Sex-Plus Discrimination

January 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a settlement announced by the EEOC with Denver Hotel Management Co., the company agreed to a $105,000 settlement for failure to promote Renate Rivelli for sex-plus discrimination in...

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THIRD CIRCUIT FAVORS AGGREGATION OF DATA IN CALCULATING ADVERSE IMPACT

December 13, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Stagi v. AMTRAK (2010 U.S. App. Lexis 17261, 8/16/10) in which a class of women alleged that a policy of requiring union employees to have one year of service in a current...

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OFCCP Sues Meyer Tool, Inc. for Systemic Discrimination

December 13, 2010

In a release dated November 23, 2010, the OFCCP filed an administrative complaint against Meyer Tool. Meyer Tool is a federal contractor that manufactures engine parts for the aerospace industry and has a 176.1 million prime contract with the...

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