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Employment Discrimination: Economic and Statistical Evidence

SEMINAR SCHEDULE: DAY ONE
pointer 8:30 AM - 10:15 AM:
Statistical Concepts, Modeling and Data Issues
  Using a variety of examples and participatory exercise, ERS economists will outline the key concepts that underlie all statistical analysis. In so doing, the rationale behind the application of statistics to determining the probable presence or absence of employment discrimination is made clear and tangible. The presenters will then lead you through the process of collecting, reconstructing, and organizing data and background information that is necessary in order to construct a workable framework for analysis and a quantitative picture of the issue(s) at hand. The examples highlight the many complex factors that must be deliberated in an employment practice analysis.
pointer 10:30 AM - 2:45 PM:
Commonly Used Statistical Techniques
 

Seminar presenters cut through the complexity of the actual formulas and calculations to focus on the specific statistical techniques that can provide objective and measurable answers to questions about analyzing selection decisions in employment settings. Drawing on numerous examples of "appropriate" and "inappropriate" applications, they cogently illustrate difficult concepts and demonstrate how these techniques are used to analyze issues such as hiring, promotions, and reductions in force. The statistical techniques in this session assist you in answering the questions, "Was a race, age, or gender neutral selection process at work in this workplace?" The techniques discussed are:

  • Binomial
  • Hypergeometric
  • Chi-square
  • Fisher's Exact
  • Logistic Regression
  • t-Test
pointer 3:00 PM - 5:00 PM:
Choosing and Working With The Experts
  Presenters team up with the attorneys for a lively and frank discussion on what to look for in selecting a researcher/expert (including the advantages and disadvantages of engaging either or both consulting and testifying experts), how to work effectively with the researcher/expert, what is professional and objective expert behavior and work product, and how to provide the foundation for discovery and deposition. Presenters discuss cases relating to the acceptance of expert witness statistical analysis and testimony by the courts. Participants are also given a mock expert report for a series of participatory exercises, including framing deposition and trial questions. This exercise will continue on Day Two in "The Use, Misuse and Abuse of Statistics" session.
 

SEMINAR SCHEDULE: DAY TWO

pointer 8:30 AM - 10:30 AM:
Advanced Statistical Techniques: Compensation Analysis
  ERS economists guide you through the maze of compensation modeling to demonstrate how advanced statistical techniques can assist in maintaining or assessing salary equity, as well as illustrating the strengths and weaknesses of these techniques. You will learn how to compare average compensation between two groups, using a t-Test. You will also develop examples of salary models that incorporate and adjust for multiple factors (such as experience and education) through the use of multiple regression analysis. Presenters show you how to interpret these regression results and apply them in litigation.
pointer 10:30 AM - 12:15 PM:
Advanced Statistical Techniques: Compensation Analysis (cont.)
  Presenters will demonstrate how multiple regression is used for predicting salaries and explain the concepts of residuals and outliers. They show you how to interpret the regression results and apply them to litigation or use them to understand your workforce. They will also walk you through a cohort analysis and its use in litigation.
pointer 1:15 PM - 2:15 PM:
Class Actions and Statistical Evidence Post Dukes
  In this session, the attorneys discuss how recent cases have affected the ways that statistical evidence is used in class certification. The panel addresses these questions from defendant's and plaintiff's points of view.
pointer 2:30 PM - 4:00 PM:
The Use, Misuse and Abuse of Statistics: Learning from Courtroom Experience
  Economists and attorneys team up again for discussions and informative role-playing exercises. Using the mock report provided on Day One as a starting point, participants' knowledge is directly applied to legal issues and the deposition and courtroom settings. Participants develop questions to enable them to advocate or assail the report, and examine the "experts."
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