Navigating the Legal Maze: How-Tos and How-Not-Tos in Employment Litigation
Presenters: Bill Lann Lee, Lewis, Feinberg, Lee, Renaker, Jackson, P.C.
James L. Outtz, Outtz and Associates
Sheldon Zedeck, University of California at Berkley
Coordinator: Christina Norris-Watts, Macquerie Group Limited
Many organizations today are faced with the enormous task of navigating through employment litigation involving selection policies and practices. Such litigation often requires insights from I-O psychology provided via expert witness testimony by members of the I-O profession. Often managers and attorneys from the organization involved as well as plaintiffs and their counsel are unfamiliar with the mechanics of litigation in which I-O expert witnesses will offer testimony. As an example, they may not know how to leverage the skills of an expert witness to provide the trier of fact with the maximum benefit from expert testimony. This workshop will examine the mechanics of an employment law case and I-O expert testimony from both the perspective of the parties’ counsel and the perspective of the expert witness. Practical, detailed tips on the how-to’s and how-not-to’s for expert witnesses will be provided. This workshop will also focus on how to be an effective expert witness for a plaintiff employee (e.g., public advocate group) and a defendant employer (e.g., organization). This workshop should be of interest to practitioners interested in becoming an expert witness as well as managers and legal staff responsible for identifying and working with expert witnesses in employment litigation.
This workshop is designed to help participants:
1. Identify when an "expert" will aid in the successful resolution of an employment case in litigation.
2. Describe potential psychological issues that occur when experts are used during employment litigation.
3. Define the extent of and preparation for the role of an expert witness in employment litigation.
4. Prepare a list of the types of questions asked of and the background information gathered on those serving in expert witness roles.
5. Differentiate the roles of an expert and an advocate.
6. Describe factors, including the role of an expert witness, that are associated with settlement outcomes.
Target Audience: Morning session: A novice audience with little experience in litigation, specifically, less than 5 years of experience. Afternoon session: An advanced audience of I-Os with experience working on litigation, specifically, 5+ years of experience.
Bill Lann Lee is a graduate of Yale College (1971) and Columbia University School of Law (1974). He has practiced law for 36 years as an attorney for the NAACP Legal Defense Fund, Inc. in New York and Los Angeles (1974-83, 1989-97), Center for Law in the Public Interest in Los Angeles (1984-88), Lieff, Cabraser, Heimann & Bernstein, LLP (2001-06), and Lewis, Feinberg, Lee, Renaker & Jackson, PC (2007-present). Mr. Lee has represented minority and women plaintiffs in class action employment discrimination cases, involving the use of I-O expert witnesses, since 1974. He has also served on several monitoring committees overseeing the implementation of settlements. From December 1997- January 2001, Mr. Lee served as Assistant Attorney General for Civil Rights in the United States Department of Justice in Washington D.C., enforcing civil rights statutes and coordinating federal agency enforcement of civil rights. He also served on President Obama’s transition team.
James L. Outtz received his PhD in industrial-organizational psychology from the University of Maryland. He is a Fellow in SIOP, the American Psychological Association, and the American Educational Research Association. His professional service includes membership on the ad hoc committee on Revision of the Principles for the Validation and Use of Personnel Selection Procedures; the ad hoc committee on revision of the Uniform Guidelines; the Program Committee, and External Affairs Committee. He served as chair of the M. Scott Meyers Award Committee. He has also served a four-year term as a consulting editor to the Journal of Applied Psychology. Dr. Outtz edited a recent volume in the SIOP Organizational Frontiers Series entitled Adverse Impact Implications for Organizational Staffing and High Stakes Selection. He has developed selection procedures for entry level and managerial positions in organizations throughout the U.S. The scope of his work includes, job analysis, test development, test validation and minimizing adverse impact. Dr. Outtz has served as a consulting expert or testifying expert for plaintiffs and defendants in litigation involving organizations such as Texaco, Novartis, Sprint , Johnson and Johnson, Merrill Lynch, and CVS Pharmacy.
Sheldon Zedeck is professor of psychology in the Department of Psychology at the University of California at Berkeley and vice provost for Academic Affairs and Faculty Welfare. He served as chair of the Department from 1993-98 (and as interim chair for the 2003-04 year). He completed his PhD degree in industrial-organizational psychology at Bowling Green State University in Ohio. Dr. Zedeck has co-authored four books on a variety of topics including behavioral science research and performance measurement. He has written numerous journal articles on the topics of moderator variables, selection and validation, test fairness, banding, performance appraisal, assessment centers, stress, and work and family issues. Dr. Zedeck has served on the editorial boards for a variety of academic journals including Journal of Applied Psychology, Contemporary Psychology, and Industrial Relations. He has also served as editor of Journal of Applied Psychology as well as editor and associate editor of Human Performance, a journal that he co-founded with Frank Landy. He has edited a number of books, and is the editor-in-chief for the recent 3-volume APA Handbook of Industrial and Organizational Psychology (2010), as well as being chief-editor for a forthcoming APA Dictionaryof Statistics and Research Methods (fall 2011). For almost 40 years, Dr. Zedeck has been quite active in consulting with private and public sector organizations. He has also been an expert witness representing plaintiffs, organizations, and as part of consent decree teams. Dr. Zedeck recently completed a 9-year research project with Marjorie M. Shultz (Boalt School of Law), sponsored by the Law School Admission Council, on the identification of factors and criteria of lawyering success and the development and validation of tests that can be used as complements to the Law School Admission Test (LSAT) for admitting students to law schools.