Art Gutman, Ph.D.

Art Gutman, Ph.D.

Art Gutman, Ph.D. ’s Recent Posts

Third Circuit Rules In Favor Of Subgroup Comparisons In ADEA Adverse Impact Claims
The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 . Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations
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Eleventh Circuit Issues Critical Ruling on Sexual Orientation Discrimination
The case is Evans v. Georgia Regional Hospital decided on 3/10/17 .  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc
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For Whom The Clock Tolls
The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio .  Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio
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Judge Neil Gorsuch’s Record on Employment Law As a 10th Circuit Court Judge
In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases.  By my count, 9 were favorable to employers and four were fully or partially
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Supreme Court to Review Rulings on Arbitration Agreements that Preclude Class Action Lawsuits
Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v.
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Jones et. al. v. Boston Police Department: A Case of Hair Splitting
This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a
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EEOC Wins Major Victory Regarding Harassment Based On Sexual Orientation – Part I
This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center , decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of
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11th Circuit Rules Adverse Impact Is Not a Viable ADEA Claim for Applicants
The case is Villarreal v. R.J. Reynolds decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11th Circuit.  At issue was an advertisement by the defendant for recent
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