Archive for June, 2005
The Pharmacy America Trusts Is Now Charged With Class Action Race Discrimination
11 current and former Walgreens managers have just filed a class action lawsuit against the company, claiming that the company pushed African-Americans to run stores in low-income neighborhoods where they are least likely to earn high bonuses.
This could be a huge case, as the lawsuit claims the class could represent thousands of other African-Americans in [...]
ADA, Personality Testing, and Slippery Slopes
Pursuant to my earlier postings about ADA and personality testing (see here), I found this comment on an interesting listserv from IPMAAC. This author, who I believe is an attorney, notes that:
The problem with the district court’s analysis is that the practical effect of the use of the MMPI is similar no matter how [...]
Speaking of Wal-Mart: anecdotal evidence
Thanks, Michael, for the update on Dukes v. Wal-Mart, the behemoth class action alleging sex discrimination in hiring and promotion at the retail giant.
It reminded me of a brief story I wanted to tell.
About a month ago, here in St. Louis, I was sitting in a neighbor’s backyard at a barbecue celebrating their son’s high [...]
Lively argument in casino makeup case
Yesterday the full Ninth Circuit Court of Appeals heard oral argument in Jesperson v. Harrah’s.
We previously discussed at length the Ninth Circuit panel’s decision in this case holding that the company’s grooming policy requiring female bartenders to wear makeup was not unlawful.
Yesterday’s argument was part of the relatively unusual procedure of en [...]
Stick Out Your Tongue and Say: "Uh!" What Constitutes A "Medical Examination" Under ADA?
In light of my earlier posting discussing the recent court decision regarding the MMPI as a medical examination, you may be wondering what exactly are the factors that determine whether a particular test or selection practice is a medical examination.
If you review EEOC’s guidelines, you will find the following list of factors, which EEOC [...]