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Supreme Court Favors Plaintiffs in LEWIS V. CHICAGO

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a long awaited and much anticipated ruling issued on May 24, 2010, the Supreme Court unanimously opined that the plaintiffs may proceed to trial with their adverse impact challenge to...

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NOVARTIS LOSES CLASS ACTION SEX DISCRIMINATION CASE

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn May 17, 2010, a jury awarded nearly 3.4 million dollars to 12 named female plaintiffs in Velez v. Novartis Corp. There was a 5-week trial in front of District Court Judge Colleen...

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HOMELAND SECURITY VIOLATES REHABILITATION ACT BY ASKING INAPPROPRIATE MENTAL-HEALTH QUESTIONS

May 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling issued on May 3, 2010 by Judge Barry Ted Moskowitz of the Southern District of California, the Department of Homeland Security (DHS) was found to have violated the...

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Checking in With Ricci: Briscoe V. City of New Haven

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyMichael Briscoe was one of the black applicants for promotion to lieutenant in the Supreme Court’s ruling in Ricci v. DeStefano (2009). On remand from the Supreme Court, District Court...

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RICCI’S TENTACLES EXPANDED

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn NAACP v. North Hudson Regional Fire & Rescue (2010 U.S. Dist. LEXIS 40067), the NAACP challenged a residency requirement for firefighter candidates excluding applicants living outside...

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WAL-MART AGREES TO MULTI-MILLION SETTLEMENT IN CALIFORNIA WAGE-HOUR CLASS ACTION

May 17, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWal-Mart agreed to a settlement of up to 86 million dollars for 232,000 employees alleging nonpayment for vacation or personal leave in accordance with California state law after they...

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EN BANC PANEL OF 9TH CIRCUIT COURT RULES IN DUKES V. WAL-MART

April 27, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn April 26, 2010, a panel of eleven 9th Circuit Court judges ruled 6-5 that a class approximated at 500,000 female Wal-Mart employees could proceed with a class action suit in...

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MINNESOTA DEPARTMENT OF CORRECTIONS (DOC) EARLY RETIREMENT POLICY VIOLATES THE ADEA

April 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an April 8, 2010 ruling by Judge Paul A. Magnusen of the US District Court for the District of Minnesota (EEOC v. Minnesota DOC [No. 08-5252 (PAM/FLN]), Judge Magnusen agreed with the...

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Firefighters Lose in Disparate Treatment Reverse Discrimination Ruling

March 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyOn March 12, the 7th Circuit affirmed a district court summary judgment ruling favoring the City of Harvey, Illinois in a case in which four white firefighters were passed over for...

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EEOC PROPOSES NEW ADEA REGULATION FOR RFOA STATUTORY ADEA DEFENSE TO ADVERSE IMPACT

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Smith v. City of Jackson (2005), the Supreme Court ruled that adverse impact is a valid ADEA claim and that the Factors Other Than Age (RFOA) defense, which is lighter than the...

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ADEA RULING OVERTURNED BASED ON THE SUPREME COURT’S RULING GROSS V. FBL FINANCIAL SERVICES

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn Gross v. FBL (2009) (see http://laws.findlaw.com/us/000/08-441.html), the Supreme Court struck ruled the “mixed-motive” scenario for the ADEA. This was generally seen as a defeat for...

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EEOC ORDERED TO PAY OVER 4.5 MILLION TO DEFENDANT

March 02, 2010

by Art Gutman Ph.D., Professor, Florida Institute of PsychologyIn EEOC v. CRST Van Expedited [2010 U.S. Dist. LEXIS 11125], decided February 9, 2010, a trial judge for the Northern District of Iowa struck down a pattern or practice sexual claim on...

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