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Workshop 16 (Half Day)

Preparing for Employment Litigation and OFCCP Audits

Robert K. Spotswood
Bradley, Arant, Rose, and White, LPI

Joan Haworth
Economic Research Services

This workshop will focus on the use of statistics in OFCCP audits and employment litigation. It will address the common techniques used by labor economists and employment statisticians to assess the adverse impact of personnel selection tools on protected groups, and, when impact exists, to explain whether the differential is based on legitimate nondiscriminatory factors. It will also provide practical guidance on how to present statistical evidence clearly and persuasively. Finally, this workshop will provide an assessment of the current trends in case law on the use of statistical evidence in employment litigation.

Robert K. Spotswood is a Partner at Bradley, Arant, Rose, and White, LPI, in Birmingham, Alabama. He has worked as a defense lawyer in employment cases for over 20 years and has litigated a number of employment testing cases. In addition, he currently represents major corporations in OFCCP audits and litigation. Robert is a 1977 graduate of the University of Virginia Law School.

Joan Haworth is CEO and founder of Economic Research Services, Inc. An economist and statistician, she has furnished statistical and economic testimony in over 60 cases in federal and state courts on issues including employment discrimination, lending decisions, fair housing, and voting rights. She is the author of over 30 publications and research papers that have appeared in economic, statistical, and legal journals. Joan has a Ph.D. in Economics from the University of Oregon. Prior to founding Economic Research Services, Inc., she was a tenured faculty member in the Department of Economics and also served as the Director of the Census Processing Center at Florida State University.

Coordinator: Susan Walker, Federal Express

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