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Representative Cases and Projects

Compensation audit for national quick service restaurant corporation

ERS Group was retained by outside counsel for a nationwide quick service restaurant corporation to conduct a statistical audit of their compensation structure for the managerial employees at the company’s headquarters.  ERS Group economists gained an understanding of the company’s compensation policies and practices and constructed a statistical model that reflects the decision-making process as closely as possible given the available data.  ERS Group analyzed the company’s base pay rates as well as incentive compensation.

EEOC v. Cintas Corporation

ERS Group was retained by a national corporate apparel and supply company to provide expert witness testimony and statistical analyses in response to allegations of race and gender discrimination in hiring policies and practices.  The EEOC acted as Intervener in this matter.  ERS Group conducted analyses of the disparate impact and disparate treatment claims.  This matter is currently ongoing.

EEOC v. CRST Expedited

ERS Group was retained by a national transportation and logistics company to assess EEOC allegations that the company discriminated against women.  ERS Group experts conducted statistical analyses and provided testimony in this matter.

Cronas et al., v. Willis Group Holdings, Ltd

ERS Group was retained by the defendant in this insurance industry case involving claims that female producers and client managers were not promoted to officer positions and faced pay disparities not dissimilar to those in the financial services industry.  For brokers and other insurance managers in New York, ERS Group’s experts conducted compensation analyses on current pay, starting pay, pay raises and bonuses, controlling for such factors as starting salary, tenure, job, department, decision maker and officer status.  We analyzed the decisions to promote non-officers to officer as well as officers to higher officer levels.  We provided rebuttal opinion to opposing expert and also performed consulting work to assess potential economic damages.  This case settled.

Internal audit for national food and beverage corporation

ERS Group was retained by a food and beverage corporation to conduct an internal study of termination patterns by race, ethnicity and age group for salaried exempt, salaried non-exempt and hourly employees.  ERS Group’s experts conducted analyses of five-years of data for employees located in approximately 45 states by function, job family, location and union status.  ERS Group produced a study that identified the job titles and locations with patterns adverse to a given demographic group so that the Company could establish a termination review process for those jobs/locations.

Employment discrimination litigation for a large federal agency

ERS Group was retained to support a federal defense agency in a class action employment discrimination matter brought by civilian employees. This complex multi-year engagement involved coordination with government attorneys from multiple offices/locations.  ERS Group was engaged to support development of analytical databases, including employee history databases and agency personnel data.  ERS Group’s experts provided significant expert testimony, and ERS Group’s project managers played a key role in coordinating the work of the three separate contractor firms.

Martinez et al., v. The City and County of Denver and the Denver Police Department

Employees of the Denver Police Department alleged race, national origin and gender discrimination on a variety of employment issues, including promotion, job assignment, training and discipline. An ERS Group Ph.D. economist was retained as defendant's expert and analyzed police officer promotions and discipline data for this matter. Originally, the proposed class was estimated at a minimum of 500 current and former employees. In December 2010, the U.S. District Court for the District of Colorado ruled that only 27 employees could be proven to be proposed class members, and that this number was not enough to warrant class action status. Furthermore, these employees did not experience the same form of discrimination, and so did not constitute a class. The US District Court denied class certification in this lawsuit.

Compensation analysis for research university

ERS Group prepared faculty compensation analyses to determine whether various similarly situated demographic groups (e.g., male and female) were paid at statistically similar rates.  As this institution was facing faculty retention issues, other studies were conducted to compare faculty salaries to “market” rates and to detect and measure the extent of salary compression.  The university used the results of these studies to develop strategies to secure additional funding from various sources.

Employment discrimination litigation for large national retailer

ERS Group was retained by a national retailer to analyze the company’s promotion and compensation data in order to assess the plaintiffs' claims that female employees were denied promotion opportunities and were paid less than males nationwide. ERS Group’s experts analyzed the promotion rates of females among those who applied for open positions. Multiple regression analyses were utilized to identify the factors that determine pay rate levels of employees.

Federal agency class action before the EEOC

ERS Group supported a large federal defense agency in a class-action discrimination matter before the EEOC brought by civilian employees. ERS Group experts supported the development of analytical data bases, including collection and processing of personnel and other federal government data; modeled and performed labor market and statistical analyses; and authored numerous expert reports summarizing these efforts.  ERS Group experts also provided testimony at a hearing before an EEOC Administrative Judge.  ERS Group project managers provided ongoing coordination between attorneys and multiple contractor firms and took a lead role in providing logistical and planning support for the three-week hearing

McReynolds v. Sodexho Marriott Services, Inc.

ERS Group was retained by Defendant to conduct extensive promotion analyses of the firm's management employees. These analyses included the collection of education and experience data for a stratified random sample of Sodexho employees. Logistic regression analyses of selections were prepared that simultaneously controlled for several factors.

McDermott v. Cracker Barrel Old Country Store

Plaintiffs allege that the employer failed to pay workers after the store closed. Further, they allege that servers performed non-server duties. ERS Group was retained by the Defendant to examine these allegations.

Brown v. Florida Department of Corrections

The Florida Department of Corrections retained ERS Group to examine the plaintiffs' allegations that African American correctional officers were passed over in the promotion to higher officer levels. ERS Group worked closely with the defendant to understand the decision-making process and to identify the factors that were used by the Department to determine whether a candidate is promoted. This investigation led to separate analyses of training, performance evaluations, and disciplinary actions. After more than four years of litigation, the Court ruled in favor of the defendant.

Carlson v. C.H. Robinson Worldwide, Inc.

ERS Group was retained by Plaintiffs to assess the allegation of gender discrimination in compensation and promotion practices.

United States of America v. Thomas G. Flowers

In the early 1970s, the State of Alabama was ordered by the United States to institute a number of rules one of which is the Frazer-Ballard No-Bypass Rule. ERS Group has been retained to examine the racial composition of the position appointments made by the State.

Donaldson v. Microsoft

ERS Group was retained by the Defendant to analyze compensation and promotion issues in this case. The Court denied class certification.

Rhodes v. Cracker Barrel Old Country Store

ERS Group was retained by the Defendant to analyze many different employment practices, including compensation levels, hiring, promotion, testing, and termination decisions. In this matter, the Court denied class certification.

Middleton v. Publix Super Markets

ERS Group used information collected through discussions with Publix representatives, a review of Publix's written policies and procedures, and its expertise in labor economic issues to develop an analysis of hiring and promotions that was consistent with the selection processes employed by Publix. ERS Group analyses were based on internal benchmarks created using the company's electronic HR data and external benchmarks based on United States Census data.

Cooper v. The Southern Company

Plaintiffs alleged race discrimination in the promotion and compensation practices including the use of bid data by the employer. ERS Group was asked by the Defendant to analyze the selection decisions and bid data. The Court denied class certification.

OFCCP Investigation of Duke Energy Corporation

ERS Group assisted Duke Energy in assessing the validity of the agency's compensation audit of their compensation data. By conducting a statistical analysis that closely reflected Duke Energy's compensation structure, ERS Group contributed to a substantial reduction in the total value of the salary adjustments requested by the OFCCP.

Crum v. State of Alabama

Plaintiffs alleged race discrimination in the hiring and promotion practices including the review of applications by the State to determine minimum qualifications of the applicant and pre-employment testing. ERS Group was asked to examine the composition of the workforce and selection decisions.

Landmark OFCCP Settlement Agreement with The Boeing Company

The Agency conducted a nationwide audit of The Boeing Company in the mid-to-late 1990s.  ERS Group designed and conducted compensation analyses that were used in the negotiation of the 1999 consent decree between Boeing and the Agency.  This agreement was the first among a string of settlements that led the OFCCP to adopt the use of regression analysis for contractor self-monitoring and calculation of financial remedy.

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