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JOHNSON & JOHNSON DEFEATS CLASS CERTIFICATION --- A SECOND TIME

August 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn Gutierrez v. Johnson & Johnson (2006) [467 F.supp 2d 403], four named plaintiffs sought class certification for approximately 8,600 black or Hispanic employees. The suit originated in...

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Employment Testing Lessons Learned From NILG

August 17, 2010

by Eric Dunleavy, Ph.D., Senior Consultant, DCI Consulting GroupEarlier this month, OFCCP staff presented on a variety of EEO topics of interest to federal contractors at the National Industry Liaison Group (NILG) Conference. DCI staff attended an...

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United States V. City of New York: A Replay With a Questionable Outcome

August 12, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn US v. City of New York (2009) [F. Supp. 2d 419], Judge Nicholas G. Garufis of the District Court for the Eastern District of New York evaluated an entry-level firefighter test based...

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A CALL TO ABOLISH THE UNIFORM GUIDELINES

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn his recent invited address to the International Personnel Assessment Council (IPAC) (July 2010), SIOP Fellow Dr. Michael A. McDaniel gave seven specific reasons (or flaws) for...

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ANOTHER REVERSE DISCRIMINATION FIREFIGHTER CASE

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis one is Vivenzio v. City of Syracuse (2010 U.S. App. LEXIS 13464) decided by the 2nd Circuit on July 1, 2010. Neither side has won --- yet. Three white firefighters sued the City of...

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SUPREME COURT TO REVIEW THIRD-PARTY RETALIATION CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn the final day of its 2009-2010 term, the U.S. Supreme Court agreed to review Thompson v. N. Am. Stainless LP (U.S., No. 09-291, cert. granted 6/29/10), in which Eric Thompson was...

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STATE OF GEORGIA AGREES TO SETTLEMENT IN AN ADEA CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 29, 2010, the EEOC announced that the State of Georgia agreed to pay 60K to settle an ADEA claim. The recipient is Margie Washington, who was terminated from her position of...

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EEOC PRIVATE LETTER ON TITLE VII, ADEA & ADEA QUALIFICATION STANDARDS AND DISPARATE IMPACT

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyUsing the Freedom of Information Act (FOIA), BNA has obtained a private letter “to respond to a request for public comment from a federal agency or department. The EEOC notes that the...

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DCI Releases White Paper series on Adverse Impact Analysis

July 20, 2010

by David Cohen, President, DCI Consulting GroupThe landscape of Affirmative Action and Equal Employment Opportunity has changed in recent years due to updated EEO laws and innovative new enforcement agency strategies.One recent change that has had...

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EEOC Alleges That Hispanics Were Favored to the Disadvantage of Blacks

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Paramount Staffing, Inc. (210 U.S. Lexis 49042) decided on May 17, 2010 by Judge John Phipps McCalla of the District Court of the Western District of Tennessee. The...

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WAL-MART Settles Another Wage & Hour Case in Oregon

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyRecently, we reported that Wal-Mart agreed to a settlement of up to $86 million dollars for up to 232,000 former employees related to allegations of nonpayment for vacation or personal...

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MINNESOTA DOC’S “AGE 55 CLIFF” VIOLATES THE ADEA

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 4, 2010, Minnesota District Court Judge Paul A. Magnuson ordered the Minnesota DOC to pay $724,000 to 35 retirees, as well as insurance premiums for dental and medical coverage...

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