Procedural Slip-Up Sinks Mammoth EEOC Lawsuit

first_imgFive EEOC investigators originally looked into the charges, but the charges were transferred to the EEOC’s Buffalo office and assigned to one investigator, David Ging, in 2007, and a lawsuit was filed in September 2008. Quoting EEOC v. CRST Van Expedited, 679 F.3d 657 (8th Cir. 2012) in its January opinion, the district court noted that “the EEOC may not use discovery in the resulting lawsuit as a fishing expedition to uncover more violations.” The agency relied on a statistical analysis of Sterling’s pay and promotion data, presented for settlement purposes only, but this wasn’t enough to constitute a nationwide investigation, the U.S. District Court for the Western District of New York noted in its Jan. 2, 2014, decision. The court upheld its decision in a March 10, 2014, two-page order. To read the original article on shrm.org, please click here. Allen Smith, J.D., is the manager of workplace law content for SHRM. Follow him @SHRMlegaleditor.  Seven years after being assigned to explore the charges, Ging had “very little memory of what actions he undertook in this investigation.” There also wasn’t any evidence that the four other investigators conducted any sort of nationwide investigation. In the Sterling case, the EEOC insisted it had conducted a nationwide investigation, but it investigated only one store in New York and two in Florida. The Equal Employment Opportunity Commission (EEOC) failed to prove systemic, nationwide claims of discriminatory pay and promotion policies because it didn’t really conduct a nationwide investigation of the claims, even though it told a court it had, according to Gerald Maatman Jr., an attorney in Seyfarth Shaw’s Chicago and New York City offices.The case involved the pay and promotion claims of 44,000 women employed by Sterling Jewelers, the largest specialty retail jeweler in the nation, with more than 1,300 stores, including Kay Jewelers and Jared the Galleria of Jewelry. Sterling allegedly paid its female employees less than men and promoted them at lower rates, the agency maintained. Its theory was similar to the one in Wal-Mart Stores v. Dukes, a case in which the EEOC challenged decentralized decision-making, arguing that individual managers, when left to their own devices, discriminate, explained Maatman, who represented Sterling in the case. But the court noted that the EEOC “ignores the fact that the absence of a nationwide pre-suit investigation is a defense to the EEOC’s nationwide pattern-or-practice claim.” The agency asserted that Sterling was resorting to “gamesmanship, diverting the court’s attention from the merits of EEOC’s allegations and Sterling’s defenses.” Maatman said the case was the largest EEOC lawsuit in the country. No Employer Gamesmanship This case is EEOC v. Sterling Jewelers, 08-CV-00706-A (W.D.N.Y. 2014). No Nationwide Investigationlast_img read more

How Highly Organized Criminals are Targeting Retailers and Costing You Money

first_imgOrganized retail crime (ORC) is becoming a full-time job for criminals. That practice is costing you, the consumer, and investigators believe social media makes it increasingly easy for the thieves to make a profit.Home Depot, Walmart, Kohls, Dillard’s, Family Dollar and Gordmans have more in common than weekly sales. Many stores are being hit by organized retail crimes, specifically the “snatch and grab.” If you’ve ever finished shopping and noticed a car speeding away as you were leaving, you may have witnessed the getaway from a crime.FOX13’s Siobhan Riley found of the same group of thieves hit at least six Home Depot stores more than 20 times between May and August of 2018. “It was in incident here where we had someone come in and walk out with a blower,” Watson said. “They just came in again…just in and out…it happened super quick.” Memphis police arrested MeKayne Haynes, 19, in March. He is accused of stealing $16,000 worth of merchandise… Fox13 News- Sponsor – Stay UpdatedGet critical information for loss prevention professionals, security and retail management delivered right to your inbox.  Sign up nowlast_img read more

NBA: Cavs’ Iman Shumpert has knee injury

first_imgMalditas save PH from shutout He was re-evaluated on Tuesday by team doctors Richard Parker and James Rosneck and had arthroscopic surgery on Friday.The Vertical reported that the procedure was to repair a small meniscus tear, although the Cavaliers didn’t give further details.FEATURED STORIESSPORTSSEA Games: Biñan football stadium stands out in preparedness, completionSPORTSPrivate companies step in to help SEA Games hostingSPORTSBoxers Pacquiao, Petecio torchbearers for SEA Games openingShumpert, who has missed nine games this season, is averaging 4.8 points, 3.1 rebounds and 1.3 assists.The Cavaliers, led by LeBron James, have won 10 straight games and are third in the Eastern Conference, three and a half games behind the conference leading Boston Celtics. Hotel says PH coach apologized for ‘kikiam for breakfast’ claim Tiger Woods stays in contention in comeback bid Jordan delivers on promise: 2 Cobra choppers now in PH MOST READ The Fatted Calf and Ayutthaya: New restos worth the drive to Tagaytay MRT 7 on track for partial opening in 2021 LATEST STORIES Don’t miss out on the latest news and information. Iman Shumpert (Al Bello/Getty Images/AFP)Los Angeles — Cleveland Cavaliers guard Iman Shumpert will miss six to eight weeks after surgery on his left knee on Friday, the NBA team said.Shumpert had missed five of the Cavaliers’ last six games because of fluid build-up in his knee.ADVERTISEMENT Robredo: True leaders perform well despite having ‘uninspiring’ boss PLAY LIST 02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games View comments Sports Related Videospowered by AdSparcRead Next ‘A complete lie:’ Drilon refutes ‘blabbermouth’ Salo’s claims After 30 years, Johnlu Koa still doing ‘hard-to-make’ quality breads Ethel Booba on hotel’s clarification that ‘kikiam’ is ‘chicken sausage’: ‘Kung di pa pansinin, baka isipin nila ok lang’last_img read more

Barca tries to leave Pique controversy behind with Copa

first_imgDon’t miss out on the latest news and information. “It’s going to be an intense match,” Valencia coach Marcelino Garcia Toral said. “We have to play it with our hearts and with our heads. We have to play it with intelligence. If we don’t defend well we will not advance. We have to be humble to know that we are not going to dominate Barcelona for the whole 90 minutes.”Valencia and Barcelona met in the Copa semifinals two years ago, with the Catalan club winning 7-0 at Camp Nou Stadium in the first leg. It then held on to a 1-1 draw at Mestalla with its second-stringers.Since that 7-0 demoralizing defeat, Valencia has lost only three of its six matches against Barcelona, winning 2-1 at Camp Nou in a league game in 2016 and drawing 1-1 at Mestalla earlier this season.Third in the league, 18 points behind leader Barcelona, Valencia is trying to make it to the Copa final for the first time since 2007-08, when it won its seventh title after eliminating Barcelona in the semifinals.Sports Related Videospowered by AdSparcRead Next MOST READ LATEST STORIES Robredo: True leaders perform well despite having ‘uninspiring’ boss PLAY LIST 02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games SEA Games: PH still winless in netball after loss to Thais FC Barcelona’s Gerard Pique, center, celebrates after scoring during the Spanish La Liga soccer match between Espanyol and FC Barcelona at RCDE stadium in Cornella Llobregat, Spain, Sunday, Feb. 4, 2018. (AP Photo/Manu Fernandez)MADRID — After hearing nonstop talk about Gerard Pique and his provocative celebration against Espanyol, Barcelona will be trying to get its focus back on Thursday’s Copa del Rey semifinal.Barcelona plays at Valencia, defending a 1-0 lead from the first leg as it bids to reach its fifth straight Copa final.ADVERTISEMENT Hotel says PH coach apologized for ‘kikiam for breakfast’ claim Knicks hopes on hold after Kristaps Porzingis tears ACL PH military to look into China’s possible security threat to power gridcenter_img Do we want to be champions or GROs? – Sotto ‘We cannot afford to fail’ as SEA Games host – Duterte A draw at Mestalla Stadium will be enough to put Barcelona in the final and keep it on track to win its fourth consecutive Copa title.It’s not even clear if Pique will play because of an injury sustained after his goal celebration in the 1-1 draw against Espanyol. The veteran defender couldn’t avoid a hard tackle by Espanyol forward Gerard Moreno, who was upset with Pique’s celebration. Pique received a knock to his right knee and was listed as doubtful to make the trip to Valencia.Pique had made comments criticizing Espanyol before Sunday’s league match, and the crowd showed their disapproval by jeering him nearly every time he touched the ball at RCDE Stadium. Pique said some of the fans insulted his family throughout the match.It is not the first time the outspoken Pique has been surrounded by controversy. He is often jeered by fans when Barcelona plays away games because of his pro-Catalonia stance. Last year, after encouraging Catalans to vote in a disputed independence referendum, he was loudly booed by fans in Madrid after joining the Spanish national team at a training camp.Barcelona has faced a hostile environment at Mestalla in the past. In a league match last season, Valencia fans threw objects at Barcelona’s players while they celebrated a goal near the stands.ADVERTISEMENT Ethel Booba on hotel’s clarification that ‘kikiam’ is ‘chicken sausage’: ‘Kung di pa pansinin, baka isipin nila ok lang’ ‘A complete lie:’ Drilon refutes ‘blabbermouth’ Salo’s claims Pique sparked controversy in a Spanish league match against the city rival last weekend, celebrating his late equalizer by telling the Espanyol crowd to be quiet. He later also criticized the club for losing its links to the city and for having a foreign owner, prompting a wave of criticism.“We are overreacting about this,” Barcelona coach Ernesto Valverde said on Wednesday. “This is part of the past. We talked about it before the derby, after the derby, before the Copa game, after the Copa game. … We have to move on.”FEATURED STORIESSPORTSSEA Games: Biñan football stadium stands out in preparedness, completionSPORTSPrivate companies step in to help SEA Games hostingSPORTSBoxers Pacquiao, Petecio torchbearers for SEA Games openingPique risks being suspended for his actions, and Barcelona has had to come out and publicly defend the player in the days leading up to the decisive match against Valencia.“Several other players have celebrated the same way. It’s normal after an important goal scored late in the game,” Barcelona president Josep Bartomeu told Spanish media, referring to Pique’s gesture of putting a finger in front of his mouth. “It’s not the first time a player has silenced a stadium.” BeautyMNL open its first mall pop-up packed with freebies, discounts, and other exclusives View commentslast_img read more

The Sony Xperia M4 aqua seems like a toned down Xperia Z3C

first_imgSony and Nokia are two fallen giants. Back in the mid 2000s they basically stood for the best of mobile technology. Now, hardly anyone talks about them. After acquiring Nokia’s smartphone business, Microsoft has been reshuffling its strategy to focus on the affordable smartphone segment. Sony, unfortunately, despite having some solid products in the high-end failed to make a dent. Amidst chatter about it spinning off its Xperia smartphone business, the company launched two phones in India that it describes as mid-range. The Xperia M4 Aqua and the Xperia C4, according to the company, offer some compelling experiences. We tried the M4 for some time, to know more about our first impressions read on.The biggest takeaway is perhaps that the M4 Aqua looks starkly similar to the Xperia Z3 Compact, which was its flagship phone from late 2014. It retains the same attractive omni-balance design language that Sony’s phones known for and it looks really nice.Even the build quality of the phone seemed quite sturdy.It is quite a handy smartphone and one handed usage should not be a problem with the device. Unlike many phones in the segment, it is also very thin at 7.3mm and weighs 136 grams.Sony touts the phone as being the only one having water and dust resistance. It even goes to pains to make sure its USB port doesn’t have a flap, though still retains the water and dust resistance.The Japanese manufacturer promises some serious imaging capabilities. The phone has a 13-megapixel Exmor RS sensor and a f/2.0 aperture. We tested the phone against similarly priced devices like the OnePlus One, the Asus ZenFone 2 and the Samsung Galaxy A5. The Xperia M4 Aqua came ahead.  advertisementEven for selfies, Sony has provided a potent camera sensor on the front. The phone sports a 5-megapixel camera on the front. We have not tested this, so you will need to wait for the full review for the performance of the cameras.The 5-inch display on the Xperia M4 Aqua only has a 720p resolution, but the colours and viewing angles looked good and it was pretty sharp too. Despite the low resolution of the panel, we can ascertain the quality of the screen is of the highest order.The bigger disappointment is the fact that the phone is powered by the Qualcomm Snapdragon 615 octa-core CPU. Now, this is a CPU that powers cheap phones like the Yu Yureka and the Xiaomi Mi 4i. Sony argues that it is providing a package than that of the big brands, however, considering Xiaomi is already the 5th largest vendor of phones in India, outselling Sony, it is puzzling that it still doesn’t consider it big enough. It is also worth noting that the likes of Xiaomi, Lenovo and Huawei out sell Sony even globally.Besides the Snapdragon 615 SoC, Sony provides 2GB RAM and 16GB memory, which is decent. There’s also a microSD card slot, which can handle 128GB cards. The phone also provides dual-SIM capabilities, something that the India consumer expects and supports the 4G networks in the country.Performance, in the short time we spent with the phone, was lag free. That said, a more stringent test will only reveal the true nature of the performance. For that, we recommend waiting for our review.On the back, the phone also has an encased 2,400mAh battery. Coupled with the software based Stamina mode, Sony claims a battery life of 2 days. That’s a bold claim, which we are yet to test. Even if the phone lasts beyond a day, it will be a good effort by the device.The presence of Android 5.0 Lollipop was nice, but then again that is expected of a phone that’s launching in May 2015.Overall, the bigger problem for the phone will be its lofty Rs 24,990 MRP. That’s steep considering the market is already flooded with some great options from a number of Chinese brands. In fact, most of the features, the Xperia M4 Aqua offers can be had for less than half the price.If Sony is able to prove that it provides a superior experience, which we will surely test in the review, then the company may be able to justify the steep price. We say this because at the end of the day, it is the experience that matters.last_img read more

Big Recruiting Weekend on Tap for OSU Spring Game

first_imgCollin Clay — 2019 defensive end — Oklahoma City, Okla.Jayce Medlock — 2019 wide receiver — Lancaster, TexasOSU signees Oklahoma State has picked up commitments during the spring game in each of the last two seasons, and on Saturday the coaching staff has a chance to go back-to-back-to-back. If nothing else, it’s a big day for recruits to visit and see facilities, interact with players, coaches and prospective recruits. Here’s a look at some of the prospects we’re expecting to be in Stillwater. As a note, we will continue to update this post as more confirm their visits.Recruits While you’re here, we’d like you to consider subscribing to Pistols Firing and becoming a PFB+ member. It’s a big ask from us to you, but it also comes with a load of benefits like ad-free browsing (ads stink!), access to our premium room in The Chamber and monthly giveaways.The other thing it does is help stabilize our business into the future. As it turns out, sending folks on the road to cover games and provide 24/7 Pokes coverage like the excellent article you just read costs money. Because of our subscribers, we’ve been able to improve our work and provide the best OSU news and community anywhere online. Help us keep that up.last_img read more

Video: Kentucky Basketball Players Baked John Calipari’s Wife Brownies For Her Birthday

first_imgA closeup of Coach Cal pointing.LEXINGTON, KY – NOVEMBER 21: John Calipari the head coach of the Kentucky Wildcats gives instructions to his team during the game against the Boston Terriers at Rupp Arena on November 21, 2014 in Lexington, Kentucky. (Photo by Andy Lyons/Getty Images)John Calipari draws the best high school basketball players to Lexington every season, but it is clear that his wife Ellen makes an impact on the young Wildcats as well. According to SEC Country‘s Alex Martin Smith, she bakes players brownies for their birthdays every year. Well, today is her birthday, so the Wildcats decided to flip the script, and bring her dessert ahead of tonight’s game against Illinois State.Brownies for the bday girl! Nice gesture from the players, who usually receive the same from Mrs. Cal on their bday pic.twitter.com/cFT40YxbOP— Kentucky Basketball (@KentuckyMBB) November 30, 2015Well done, Kentucky. We’re sure Coach Cal appreciates the hand in helping make his wife’s birthday a special one.[SEC Country]last_img read more