The EEOC announced a settlement for $450,000 ($50,000 in attorney fees) for 18 Hispanic employees on grounds of harassment based on national origin and for a Speak-English-Only rule that the EEOC found had an adverse impact on Hispanics and...
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November 12, 2013
November 12, 2013
In our prior posts, we have addressed the (a) definition of selection procedures, (b) combinations of different measures into compensatory or non-compensatory systems, (c) specific validation pitfalls associated with criminal history and background...
October 29, 2013
The US Department of Labor makes enforcement data collected by the OFCCP searchable to the public. Although the recent government shutdown has prevented the agency from updating the database to include settlements through the end of the federal...
October 29, 2013
We are back! After a brief hiatus, we continue our UGESP Series by exploring the UGESP concept of suitable alternative selection procedures addressed by the UGESP. This piece explores the difficulty in determining (a) whether two selection...
October 22, 2013
Oral arguments were held on October 17, 2013. In a nutshell, the case is about a Michigan law (Proposal 2) than bans preferential treatment based on race, sex, color, ethnicity, or national origin in public education, employment, or contracting....
October 22, 2013
The case is EEOC v. Peoplemark, an appeals ruling decided on 10/7/13 [2013 U.S. App. LEXIS 20408]. We previously reported the district court ruling in this case in a client alert on 11/15/11. The facts of the case are that the EEOC claimed that...
October 08, 2013
In a news release dated 9/23/13, the OFCCP announced a $290,000 settlement with Medtronic Interventional Vascular Inc., a wholly owned subsidiary of Medtronic (see https://www.dol.gov/newsroom/releases/ofccp/ofccp20131811). The OFCCP alleged that 78...
October 08, 2013
The case is EEOC v. Boh Brothers, decided by a 10-6 vote by an en banc panel of the 5th Circuit on 9/27/13 [2013 U.S. App. LEXIS 19867]. The facts in this case are clearly reprehensible. A male supervisor (Wolfe) of an all-male construction site...
September 24, 2013
This case started in 1996 when Black and Hispanic teachers brought action in 1996 against both the State Education Department (SED) and the New York City Board of Education (the Board) claiming adverse impact based on two licensing tests, the...
September 24, 2013
The case is Dinkens v. Creative Business Solutions (CBS) decided on 9/4/13 by Judge Richard D. Rogers of the District Court of Kansas [2013 U.S. Dist. LEXIS 125898].
The facts in this case are interesting. Dinkens was offered a job by the United Way...
September 04, 2013
The ruling was handed down on 8/913 by Judge Roger W. Titus of the District Court of Maryland and may be read at the following site:
This is the second defeat in a row for the EEOC on background checks following EEOC v. Kaplan’s Higher Learning...
