Disparate Impact: Employment Litigation & Proactive Audits

Presented by

Mark Gustafson, Debo Sarkar, Bruce Strombom - Analysis Group

About this talk

The economic downturn has taken a toll on the labor market and led to a growing wave of reduction-in-force (RIF) litigation. In addition, the recently passed Lilly Ledbetter Fair Pay Act has sparked a number of pay discrimination lawsuits. Now more than ever, companies need to consider steps to limit litigation risk from layoffs or allegations of pay discrimination. In this lively session, our economists will discuss the proper statistical analyses to examine disparate impact in terminations, promotions, and similar employment events as well as statistical analyses used in pay equity contexts. We will draw on examples from the plaintiffs' expert report in Dukes v. Wal-Mart to provide specific examples of how statistical analyses are misused and how to use them correctly. Panel:: Mark Gustafson, MPP, Vice President, Los Angeles Debo Sarkar, Ph.D., Vice President, New York Bruce Strombom , Ph.D., Managing Principal, Los Angeles

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