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Update on OFCCP V. Meyer Tool

October 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAs reported on 9/17/12, Meyer Tool agreed to settlement with the OFCCP.  As previously reported in an alert posted on 12/13/10, the OFCCP filed an administrative complaint against Meyer...

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EEOC SUES AURORA HEALTH FOR RESCINDING JOB OFFERS AFTER POST-OFFER MEDICAL INQUIRIES

October 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIt is commonly known at this point that pre-offer medical exams or inquiries of any kind are illegal under the ADA. Of course, post-offer medical exams are legal, and it is also legal to...

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DEPENDABLE HEALTH SERVICES SUED BY EEOC FOR PRONG 3 ADA VIOLATION

October 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThere are three prongs to being disabled within the meaning of the ADA: (1) a current physical or mental impairment that substantially interferes with a major life activity; (2) a...

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DUKES/WAL-MART Saga Continues

October 31, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe analyzed the Supreme Court’s ruling in an alert posted on June 21, 2011. We then reported that the plaintiffs requested additional time to modify the class and petition for...

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EEOC V. KRONOS - Act 2

September 24, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe reported on Act 1 in an alert posted on May 31, 2011. It seemed like the case was over --- well think again. What seemed ominous for test makers at that time seems even more ominous...

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DCI Staff Attend the 30th Annual ILG National Conference & Exposition

September 24, 2012
The 2012 Industry Liaison Group (ILG) National Conference was held August 27-31, 2012 in Waikoloa, HI. DCI staff attended the 30th annual conference, and presented in numerous workshop sessions on such topic areas as systemic discrimination...
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7th Circuit Alters Prior ADA Precedent on Reassignment of Injured Employee to Vacant Position

September 14, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. United Airlines, originally decided on March 7, 2012 [2012 U.S. App. LEXIS 4713] and posted in an alert dated March 12, 2012. The more recent United Airlines ruling,...

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Practical Significance Needed for Large Sample Comparisons

September 14, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Apsley v. Boeing, decided on August 27, 2012 [2012 U.S. App. Lexis 18161]. Boeing sold two of its facilities to Spirit AeroSystems and terminated an entire workforce of more...

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EEOC Compelled To Submit To Deposition Regarding Its Own Use Of Criminal Background Checks

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Freeman, decided on August 14, 2012 by Judge Charles B. Day, Magistrate for the District Court of Maryland [2012 U.S. Dist. Lexis 114408]. The facts are that the EEOC...

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CONTRACTOR DEEMED EMPLOYER FOR RACIAL DISCRIMINATION BY SUBCONTRACTOR WORKERS

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Case is Hall v. Walsh Construction decided on August 9, 2012 [2012 U.S. Dist. LEXIS 112111] by Judge Joan Humphrey Lefkow of the Northern District of Illinois, Eastern Division. The...

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INTERESTING POST - ADAAA CLAIM SURVIVES SUMMARY JUDGEMENT

August 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Case is Harty v. City of Sanford (Florida), decided on August 8, 2012 [2012 U.S. Dist. Lexis 111121] by Judge Gregory A. Presnell of the Middle District of Florida, Orlando Division....

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2nd Circuit issues potentially controversial ruling in firefighter promotion case

August 01, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is M.O.C.H.A. v. City of Buffalo, decided in a majority ruling by the 2nd Circuit on July 30, 2012 [2012 U.S. App. LEXIS 15715]. M.O.C.H.A. (“Men of Color Helping All”) sued the...

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