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EEOC Appeals for En Banc Rehearing of EEOC V. CRST

April 20, 2012

by Art Gutman Ph.D., Professor, Florida Institute of Technology

In an alert posted on March 2, 2010, I summarized the ruling in EEOC v. CRST Van Expedited [2009 U.S. Dist. LEXIS 71396], in which Judge Linda R. Reade struck down class...
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FINAL EEOC RULE ON "REASONABLE FACTORS OTHER THAN AGE" (RFOA) UNDER THE ADEA

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe final rule (http://www.eeoc.gov/eeoc/newsroom/release/3-21-12.cfm) alters the definition of RFOA in light of Supreme Court rulings in Smith v. City of Jackson (2005) [544 U.S. 228]...

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7TH CIRCUIT Ruling on Adverse Impact, Pattern or Practice, and Class Certification

April 10, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case Puffer v. Allstate Ins. Co. was handed down on March 27, 2012 [2012 U.S. App. LEXIS 6213]. The headline reads that the 7th Circuit upheld a lower court ruling rejecting class...

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A Retrospective Dive into Puffer V. Allstate

April 10, 2012

by Eric Dunleavy Ph.D., Principal Consultant, DCI ConsultingAs Art described in an earlier post, the recent 7th circuit ruling in Puffer v. Allstate emphasized some nuanced class certification issues and the differentiated disparate impact claims...

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5TH CIRCUIT OVERTURNS JURY RULING ON CONSTRUCTIVE DISCHARGE

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Nassar v. University of Southwestern Texas Medical Center (UTSW), decided on March 8, 2012 by a three-judge panel of the 5th Circuit [2012 U.S. App. LEXIS 4874]. At the...

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Strange Wording in a Pay Discrimination Case

March 30, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is King v. Acosta Sales & Marketing, decided by the 7th Circuit on March 13, 2012 [2012 U.S. App. LEXIS 5156]. The plaintiff, Susan King, lost on summary judgment at the...

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7TH CIRCUIT RULES THAT THE ADA DOES NOT REQUIRE AUTOMATIC REASSIGNMENT OF QUALIFIED DISABLED EMPLOYEE

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. United Airlines, decided on March 7, 2012 [2012 U.S. App. LEXIS 4713]. The facts are that a female (Houser) could no longer perform her job (conveyer). After...

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EEOC REPORTS ENFORCEMENT & LITIGATION STATISTICS FOR FISCAL YEAR 2011 (FY11)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe data, which are for private entities, were posted on 1/25/12 on the EEOC Website (www.eeoc.gov) (click on “Enforcement and Litigation Statistics” and on sub-links for “Charge...

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Adverse Impact Analyses in Bazile V. City of Houston

March 12, 2012

by Eric Dunleavy Ph.D., Principal Consultant, DCI ConsultingArt has already written two detailed posts on Bazile v. City of Houston, which demonstrates how complex the 100-page ruling is. Judge Rosenthal dealt with a number of complex and technical...

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More on The District Court Ruling in Bazile V. City of Houston (2012)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn an alert posted on 2/22/12, I summarized the major rulings by Judge Lee H. Rosenthal in Bazile v. City of Houston decided by District Court in the Southern District of Texas decided...

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Supreme Court to Review Fisher V. University of Texas - Another Test of Grutter V. Bollinger (2003)

March 12, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe challenge in this case is to the use of race as a factor in undergraduate admissions at the University of Texas at Austin (UTA) by two rejected white females. The District Court of...

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NY State Appeals Court Awards 2.7 Million to White Firefighters in Reverse Discrimination Case

February 22, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Margerum v. City of Buffalo, decided on 2/8/12 by Justice John A. Michalek of that New York State Supreme Court in Erie County. The allegation in this case was that the city...

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