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Workshop 9 (half day) 

Preparing the Play Book–Offense and Defense: Litigation Fundamentals and Statistical Analyses

Presenters: Tony P. Rosenstein, Partner, Baker Botts, LLP
  Joan G. Haworth, Director, ERS Group
Coordinator: S. Morton McPhail, Valtera Corporation

As scientists, we perceive the inherent value of conducting research to support and improve the procedures we recommend to employers.  However, it is also clear that managers in many organizations primarily see the contributions of I-O psychology to keep them out of trouble with respect to the many laws, rules, and regulations that affect every aspect of employment and organizational life both in the U.S. and abroad. 

In an increasingly litigious environment, the impact and reach of the legal context on the practice of I-O psychology probably cannot be overstated.  Many practitioners, both those working in-house and consulting, will never serve as experts in litigation, but that does not mean that they will never find themselves involved in legal proceedings.  They may be asked to assist their employers or their clients in responding to challenges from either aggrieved employees (or applicants) or federal or state enforcement agencies. 

Some may be called to serve as fact witnesses in court or para-court (e.g., arbitration) proceedings.  Some may be called on to prepare analyses of an organization’s practices or to explain to management analyses prepared by others.  They may be asked to work with and in support of the organization’s legal counsel, both in-house and outside, and other experts.  It is incumbent on practitioners to be familiar with the ways in which such proceedings function, the nature of the fundamental rules that govern them, and the analytic structures in which I-O psychologists can, should, and often do have a central role. 

This workshop is designed to help participants to be able to:
• Describe current issues in employment litigation and the general outline of the litigation life cycle
• Discuss what to expect in preparing legal defense or challenge of employment practices 
• Explain the meaning of models of employment and organizational processes and how to define them
• Apply differing statistical models for analyzing various types of organizational processes and decision-making models
• Discuss issues affecting presentation of complex issues in the litigation context, including statistics, in testimony or written documents
• Differentiate roles of experts in assisting counsel

Tony P. Rosenstein is a partner in the Trial Department and the Employment Litigation section of the law firm of Baker Botts L.L.P.  He received a BS from Renssalaer Polytechnic Institute (1967) and an MS in clinical psychology from Memphis State University (1969).  Mr. Rosenstein received his JD (with honors) from the Bates College of Law (University of Houston, 1976).  Mr. Rosenstein is engaged in the general practice of trial law with an emphasis on employment litigation, including the defense of employment discrimination, wrongful discharge, and related cases in the federal and state courts and administrative agencies, as well as counseling employers on all aspects of their relationships with employees and unions.  Before entering the practice of law, Mr. Rosenstein practiced as a psychologist, specializing in the fields of testing, evaluation and behavior modification.  He is a member of the State Bar of Texas and is admitted to practice before the Southern, Eastern, Western and Northern Districts of Texas, as well as before the Fifth Circuit Court of Appeals and the United States Supreme Court.  Mr. Rosenstein is board certified in the area of labor law by the Texas Board of Legal Specialization.

Joan G. Haworth is a director of ERS Group, a SourceCorp company. She balances a full agenda of research, analysis, and expert witness testimony on employment discrimination cases and other matters. She has testified for both plaintiffs and defendants in over 65 employment cases, including Huguley v. General Motors Corp.; EEOC v. Sears, Roebuck & Co.; Penk v. Oregon State Board of Higher Education; Thomas v. Baker, III, Secretary, Department of State; AFCSME v. County of Nassau; Dukes v. Wal-Mart; Williams v. The Boeing Co.; and McReynolds v. Sodexho. She has also been involved in wage and hour matters in various state and federal courts, as well as multiple-district litigation.  Dr. Haworth is a frequent presenter and participant in programs and mock trials for such groups as the American Bar Association, the American Employment Law Council, and the Practicing Law Institute.  An author of over 30 publications and research papers, her articles appear in economic, statistical, and legal journals such as the American Economic Review, Proceedings of the American Statistical Association, Notre Dame Lawyer, and Employee Relations Law Journal. Her articles focus on the areas of employment discrimination and the economic status of women, subjects in which she is a well-known expert. Dr. Haworth is a former tenured faculty member in the Department of Economics at Florida State University and was the director of the Florida Census Processing Center.


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