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Employment expert witnesses

Expert class library · 4 classes

The statisticians, economists and psychologists in discrimination and wage cases: disparate impact, wage-and-hour damages and selection procedures.

Each class is defined by role and method, never by a person or a firm. Open one for what it is retained to answer, how its testimony is attacked under Rule 702, and the rulings, each read in the opinion.

Usually retained by plaintiffs

Disparate-impact labor statistician

Multiple regression of pay or promotion · Standard deviation analysis

Wage-and-hour damages expert

Representative sampling · Time and motion study

Usually retained by the defense

Defense labor economist

Disaggregated analysis by decision unit · Omitted variable testing

Retained by either side

Industrial-organizational psychologist

Test validation study · Job analysis

Recent rulings

The 9 most recent of 12 rulings in this practice, newest first. Each links to the free opinion on CourtListener and to the class it belongs to.

OutcomeCaseCourtExpert class
AdmittedSenne v. Kansas City Royals Baseball Corp.934 F.3d 9189th Cir. 2019Wage-and-hour damages expert
ExcludedCampbell v. National Railroad Passenger Corp.311 F. Supp. 3d 281D.D.C. 2018Industrial-organizational psychologist
LimitedMoussouris v. Microsoft Corp.311 F. Supp. 3d 1223W.D. Wash. 2018Defense labor economist
Exclusion reversedKarlo v. Pittsburgh Glass Works, LLC849 F.3d 613d Cir. 2017Disparate-impact labor statistician
AdmittedEqual Employment Opportunity Commission v. Texas Roadhouse, Inc.215 F. Supp. 3d 140D. Mass. 2016Defense labor economist
ExcludedSenne v. Kansas City Royals Baseball Corp.315 F.R.D. 523N.D. Cal. 2016Wage-and-hour damages expert
AdmittedTyson Foods, Inc. v. Bouaphakeo577 U.S. 442U.S. 2016Wage-and-hour damages expert
AdmittedChen-Oster v. Goldman, Sachs & Co.114 F. Supp. 3d 110S.D.N.Y. 2015Disparate-impact labor statistician
AdmittedMcReynolds v. Sodexho Marriott Services, Inc.349 F. Supp. 2d 30D.D.C. 2004Disparate-impact labor statistician

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The library summarises public decisions for orientation; it is not legal advice. Read the opinion before relying on any ruling. No individual expert is named.

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