EEO/Discrimination Litigation

We specialize in the statistical analysis of employment processes—compensation, hiring, promotion, termination, etc.—and the role of gender, race, ethnicity, and age in those employment practices. Our experts work with a variety of data sources to understand a client’s organization and business and to assess any claims or potential damages in a dispute. In addition to the standard employment data, we work with our clients to identify additional sources of information that are important for understanding their employment patterns. As a result, our studies go beyond the typical approach—they are tailored to the client. From single-litigant to multiple-plaintiff and class action suits, CRA addresses all aspects of employment litigation.

CRA’s experts are experienced in analysis of class certification issues, liability, aggregate class, subclass, and individual damages, injunctive relief, and settlement distribution issues. Because class certification disputes often require extensive data analysis and econometric/statistical modeling, we frequently build and analyze large, complex datasets, and are experienced in refining large amounts of data into manageable tables and figures to aid clients in writing briefs or anticipating opposing arguments.

CRA experts and data analysts collect a client’s data, conduct numerous quality-control checks, and construct a database capable of addressing pertinent questions. We assess the general integrity of the data by checking its completeness, reviewing outlier observations, and testing the data’s internal consistency. Often the bulk of our efforts are spent on this phase since an analysis of unreliable data is unlikely to yield informative results. We advise counsel accordingly if deficiencies in the data require us to make assumptions which could materially impact results. CRA experts have worked closely with client data curators to prepare accurate data for production to courts, opposing counsel, and settlement administrators. Depending on needs, we can prepare the data for ease of use by all parties or a production which reflects how the data is maintained in a client’s system. We have prepared individual productions involving terabytes of data and billions of records. We have also designed productions which represent a sampling of a population of interest. This may be especially useful when a putative class or its pertinent data is exceptionally large.

CRA’s experts can provide written and oral testimony in court or arbitration on behalf of both plaintiffs and defendants on matters involving allegations of discrimination in compensation, promotions, terminations, hiring, and performance reviews. The expert will explain their analyses to the court and jury during both liability and damage calculation phases of the litigation. CRA is also experienced in providing rebuttal reports and testimony, in which our economists review and critique an opposing expert’s written or oral testimony, optionally providing alternative damage estimates.

CRA works with higher education institutions to evaluate their admissions processes and determine whether their admission policies have any disparate impact on any protected group. CRA experts use various analytical models to determine whether the statistical evidence supports claims of adverse impact whereby certain gender or racial/ethnic groups are being discriminated against in the admission process. CRA can help higher education institutions to determine which applicant characteristics, such as GPA, standardized test scores, etc. have the most influence on admission and whether the importance given to any of the applicant characteristics should be reconsidered or realigned.

Following the initial review/collection of data, we often assist clients in preparing for mediation. This often includes using the collected data to help narrow the class definition and create a class list and the creation of tables and graphics estimating potential damages under a series of alternative scenarios.

CRA’s survey experts can help you create, collect, and interpret surveys that collect data and information to be used as a part of employment litigation (e.g., surveys used as a template for a series of declarations) or as a part of crafting and informing your employment policies. We can help turn the data arising from such a series of surveys into statistical evidence that can form a valuable part of building your case or policies. Our experts will help ensure that your survey is more likely to be accepted by the court or help you to identify weaknesses in surveys drafted and used by opposing counsel, either in a consulting or testifying capacity.