The case is Davis v. Cintas, decided by the 6th Circuit on 5/30/13 [2013 U.S. App. LEXIS 10856]. This case is very much like Dukes v. Wal-Mart [131 S. Ct. 2541, 112 FEP Cases 769 (2011)], but on a smaller scale. Aside from scale, the claims are...
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June 04, 2013
As a part of a complete proactive affirmative action program, it is a best practice to conduct disparity (a.k.a. adverse impact) analyses for promotions and terminations personnel activity. Conducting these analytics is not only important in regard...
June 04, 2013
Last week, Art Gutman wrote an interesting blog on US & Vulcan v. NYC, which is a NYC firefighter case involving both pattern or practice and disparate impact allegations. https://dciconsult.com/us-vulcan-society-v-nyc-a-saga-continues/. Recall that...
May 21, 2013
There are too many rulings in this case to summarize all of them in a single Alert. So I will stick to what I consider the four major acts in a play that is likely to continue. On May 14, the 2nd Circuit ruled in the latest version (Act IV) of US &...
The settlement was reported on April 25, 2013 in a DOL News Brief. For undisclosed reasons, the specifics of the settlement have, as of this writing, not appeared in the OFCCP news site (see http://www.dol.gov/ofccp/). However, other sources,...
May 21, 2013
The settlement was reported on the OFCCP website on April 25, 2013. According to the release, the hiring process favored women for entry-level attendants because of the perception that women are better than men at customer service. This settlement...
Bertucci provides flood control and restoration services and has received more than 80 million in federal contracts related disaster recovery efforts, most notably, in the wake of Hurricane Katrina in 2005 and the British Petroleum oil spill in...
May 07, 2013
To claim protected class membership under the ADA, the individual must prove (a) disability within the meaning of the law (an impairment that significantly restricts a major life activity) and, (b) qualification (ability to perform the essential job...
The 28th Annual Conference for the Society for Industrial and Organizational Psychology (SIOP) was held April 11-13, 2013 in Houston, TX. Attendees and presenters from a variety of industries and backgrounds took part in the event, including but not...
April 23, 2013
The case is EEOC v. Bass Pro Outdoor World (BPOW) decided on March 18, 2013 by District Court Judge Keith B. Ellison of the District of Texas, Houston Division [2013 U.S. Dist. LEXIS 36711]. As far as pattern or practice cases go, this one is not...
April 09, 2013
In the past year, both EEOC and OFCCP have given notice that they will be carefully watching employers’ policies on hiring criminal offenders. In April of 2012, EEOC issued, EEOC Enforcement Guidance on the Consideration of Arrest and Conviction...
March 25, 2013
The case is EEOC v. Grane Healthcare, decided on 3/25/13 by Judge Kim R. Gibson of the Western District of Pennsylvania [2013 U.S. Dist. LEXIS 35869]. The case itself is a class action suit by the EEOC alleging that two healthcare providers (Grane...
