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Practice Area Overview Areas of Specialization Selected Cases Practice Area Experts

Labor and Employment Selected Cases

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.

Employment discrimination litigation for large national retailer

ERS Group was retained by a national retailer to analyze their promotion and compensation data in order to assess the plaintiffs' claims that females were denied promotion opportunities and were paid less than males nationwide. ERS Group 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 associates.

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.

Jennings v. The Regents of the University of California, Lawrence Livermore National Laboratory

ERS Group was retained by Defendant to analyze compensation decisions among the Lab's ranked employees. ERS Group services were requested when the Defendant was preparing a motion for Class Decertification. This matter settled after the court decertified the original class and created multiple sub-classes. ERS Group was asked to monitor their selection processes for the length of the settlement agreement.

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, Director of the Alabama State Personnel Department, et al., and Alabama State Conference of NAACP Branches, Amicus Curiae

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. This case is on-going.

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.

ERS Group Provides Pro Bono Assistance to the Georgia Legislature and the Georgia Innocence Project for Clarence Harrison

Clarence Harrison was wrongfully incarcerated in Georgia prisons for 18 years. He was freed from prison in August 2004, after the Georgia Innocence Project used DNA testing to prove that he did not commit the 1986 rape, robbery, and kidnapping for which he was convicted and sentenced to life in prison. With information provided by the Georgia Innocence Project, ERS Group calculated the present value of Mr. Harrison's economic loss. The Georgia legislature, after reviewing all the evidence, including ERS Group's damage calculations, passed House Resolution 108 authorizing an initial lump sum payment to Mr. Harrison of $100,000, and an annuity of $45,000 annually for 20 years.

 

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