Page 76 - MetalForming October 2009

YOU & THE LAW
adopt. The court found no substantial basis in evidence that the exam was deficient in either respect. Therefore, because there was not sufficient evi- dence that the city would have been subject to a Title VII claim by minority employees if it had not rejected the exam results, the city did not have a strong basis in evidence to reject the results.
What if the city had taken the oppo- site approach? Would certifying the exam results have been a strong enough basis in evidence to justify the disparate treatment of the minority employees? There really is no way to know how the court would have ruled had the city taken the opposite approach. However, now that the court has ruled on this fact pattern, the court noted that if the city were to face a disparate-impact suit from the minority group (based on the
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certification of the exam results), then in light of the court’s holding, the city can avoid disparate-impact liability in that case based on the strong basis in
evidence that, had it not certified the results, it would have been subject to disparate-treatment liability (since it actually was subject to that liability).
74 METALFORMING
write no. 66
write no. 67
Citation Classification
“Repeat” or “Willful”
and if such a Violation caused the death of an employee
“Serious”
and if such a violation caused the death of an employee
From the Current:
$70,000 per violation
$7000 maximum per violation
To:
$120,000 per violation
up to $250,000 per violation and not less than $50,000 per violation for employ- ers with 26 or more employees (not less than a $25,000 penalty for com- panies with 25 or fewer employees)
up to $12,000 per violation
raising it up to $50,000 and not less than $25,000 for companies with 26 or more employees ($10,000 mini- mum for companies with 25 or fewer employees)
Civil Penalties
(Maximum) for OSHA citations would rise
DRAWING/FORMING
DIE MATERIAL
Special-formulated, hardened copper alloy that reduces or eliminates galling and scoring in your dies.
• Replaces Hardened/ Coated Tool Steels.
• Reduces Maintenance Repair Time and Cost.
• Increases Tool Life.
• Exceptional Thermal Conductivity.
• WELDABLE
• Sankyo’s proprietary DieAceTM die material is a dependable, customer- proven performer.
Contact your local Sankyo Technical Representative for more information.
Phone: (586) 254-3100
Website: www.sankyo-oilless-usa.com Email: support@sankyo-usa.net