Expert Witness Considerations in Equal Employment Opportunity (EEO) Class and Representative Actions

Introduction -

Class and representative actions, by their nature, have always been complex. Recent trends in employment litigation, driven largely by changing legislation and the lasting effects of the #MeToo and #BlackLivesMatter movements, have caused still increasing complexity in class-based employment claims, including not only cases brought by and on behalf of current and former employees, but also by government agencies. Recent employment class actions often are national or statewide in scope, and they typically involve allegations of widespread pay equity violations and systemic discrimination (often in pay and promotions). Litigating these cases frequently requires one or more expert witnesses to analyze and draw conclusions from the data about the nature of work performed and any observable trends. This work is done primarily by labor economists and/or Industrial Organizational (I/O) psychologists

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