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 Workshop 11

Legal Update: Insights and Best Practices from Plaintiff, Enforcement Agency and Employer Perspectives  

Presenters: Eric M. Dunleavy, DCI Consulting Group, and Cyrus Mehri, Mehri & Skalet, PLLC
Coordinator: Laura Heaton, The Hershey Company
Target Audience: Participants should be familiar with basic EEO concepts and laws related to workplace discrimination, but participants do not need to be experts in the subject matter.
This workshop will review significant workplace discrimination case law and settlements from 2010 and 2011. Emphasis will be placed on recent class action rulings, enforcement agency updates, statistical methods for identifying discrimination, and best practices for mitigating and eliminating workplace discrimination. Plaintiff, enforcement agency, and employer insights will be shared.
As a result of attending this session participants will be able to:
  • Discuss recent workplace discrimination case law, settlements, and enforcement agency activity related to hiring, promotion, compensation, and other employment decision processes relevant to I-O psychology and the HR profession.
  • Recognize common themes present in contemporary forms of discrimination
  • Select the appropriate statistical techniques to identify potential discrimination
  • Describe best practices for mitigating, remedying, and eliminating discrimination from plaintiff, agency, and employer perspectives
  • Identify areas where I-O psychologists and HR professionals can be particularly influential in enhancing the legal defensibility of employment decision systems
Eric M. Dunleavy is a Senior Consultant at DCI Consulting Group, where he is involved in equal employment opportunity audit and litigation consulting. He also serves on staff with the Center for Corporate Equality (CCE). Eric’s primary areas of expertise are in employee selection, validation research, adverse impact analyses, and other quantitative methods. Eric received his MA (2002) and PhD (2004) in Industrial/Organizational Psychology with a concentration in quantitative analysis from the University of Houston. Eric has served as President, Vice President, and Legal Chair of the Personnel Testing Council of Metropolitan Washington, D.C. (PTC/MW), and is on the editorial board of The Industrial-Organizational Psychologist as co-author of the “On the Legal Front” column. In 2011, Eric received the first Distinguished Early Career Contributions Award – Practice award from SIOP. He is currently adjunct faculty at George Mason University and the University of Maryland Baltimore County at Shady Grove.
Cyrus Mehri is a founding partner of the law firm Mehri & Skalet, PLLC, which specializes in cases involving discrimination, civil and consumer rights violations and corporate fraud. Cyrus has served as co-lead class counsel in some of the largest and most significant race and gender employment discrimination cases in U.S. history, including  Roberts v. Texaco Inc., ($176 million; S.D.N.Y. 1997); Ingram v. The Coca-Cola Company ($192 million; N.D. Ga. 2001); Robinson v. Ford Motor Company ($10 million and 279 apprentice positions; S.D. Ohio 2005); August-Johnson v. Morgan Stanley ($47 million; D.D.C. 2007); Amachoev v. Smith Barney ($34 million; N.D. Cal. 2008); Norflet v. John Hancock Life Insurance Co. ($24 million; D. Conn. 2009), and Carter v. Wells Fargo Advisors, LLC ($32 million; D.D.C. 2011). The hallmark of these settlements is innovative programmatic relief. Cyrus graduated from Cornell Law School in 1988.