by Ahmed Younies Judge Roger Titus’ scathing opinion in EEOC v. Freeman 09-CV 2573 (D. MD August 9, 2013) is a lesson to any plaintiff, be it a government agency or an individual in how not to handle disparate impact cases. Factual and Procedural History of the Case Freeman (a nationwide convention, exhibition and corporate events…
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An Administrative Law Judge (ALJ) ruled against the OFCCP, granting VF Jeanswear Limited Partnership summary judgment in a disparate impact case. The OFCCP accused VF Jeanswear of engaging in employment practices having a disparate impact on “non-Asians”, violating Executive Order 11246 and federal regulations. The ALJ reasoned that “non-Asians” are not a “race” within the…
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By Ahmed Younies: Last month, the US Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP) settled an ongoing case against Tufts Associated Health Plans, Inc, involving allegations of retaliation against 12 Asian, Hispanic and African-American employees hired as a result of a prior Conciliation Agreement (CA). Under the July 2013 CA, Tufts has…
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