Understanding Explanatory Factors in Pay Discrimination Cases:
Opposing Views from EEOC and 2nd Circuit
WEDNESDAY, DECEMBER 18, 2024 at 2:00 PM EDT
What Types of Explanatory Factors Can You Use Before the EEOC and Courts, and Are They Supported by Statistical Science?
Whether you are the plaintiff, defendant or in HR trying to develop a valid compensation program, you will probably need to choose factors that explain why there are differences in pay across genders or other demographic groups. This topic is challenging enough under the best circumstances, but court rulings over recent years have highlighted two completely different approaches to determining valid explanatory factors in pay discrimination cases. One set is discussed by the EEOC, has been accepted in many courts, and is supported by decades of scientific, academic research about factors that drive individuals’ compensation. The other has been accepted in some courts, most notably on appeal in the 2nd Circuit of The Federal Court of Appeals. Both are based on a statistical method known as a regression, but use different explanatory factors.
This webinar will discuss different methods of choosing explanatory factors in pay equity analyses. It will review the factors discussed by the EEOC and Courts at the trial and appellate level and examine where those legal/regulatory settings are consistent with factors used in economic and statistical science. It will also cover some basic aspects of the statistical method used to test for pay inequity, known as regression.
In this Webinar you will learn the following:
1. What are the different standards for explanatory factors across EEOC, Courts and economic/statistical Science.
2. How to choose different explanatory factors in the legal or regulatory settings you face.
3. Whether there are sets of explanatory factors that work in all legal settings.
4. What are the statistical standards that define a valid set of explanatory variables, such as a t-test and P-value.
5. How to choose a set of explanatory variables that will last over several years.
AACG has PhD labor economics experts who testify in court for and against the Department of Labor. AACG is also the sole distributor of EquityPath software, which is used by corporations, government agencies and law firms to analyze pay equity. AACG also has statistics and computer experts who can implement these tests for/with you on secure servers at AACG, in the cloud or on your system.
EquityPath software is designed to identify statistically significant pay inequity quickly and to allow you to adjust compensation and testing to make compensation differences explainable and less prone to litigation.
About the Presenter:
Dr. Daniel S. Levy, National Managing Director of Advanced Analytical Consulting Group, assists attorneys with economic, statistical and computing analyses in discrimination and other labor-related cases. In various areas of litigation, he has served as an expert witness for plaintiffs and defendants, including private companies, the Department of Labor, the Securities and Exchange Commission, the Department of Justice, and the Internal Revenue Service and has presented his research to the FBI, US Postal Service, the Environmental Protection Agency, and New York State Attorney General’s Office.
Prior to founding Advanced Analytical Consulting Group, Dr. Levy was the National Managing Principal of Economic and Statistical Consulting for Deloitte Financial Advisory Services LLP. He also served as the Global Director of Economic Consulting for Arthur Andersen’s Value Solutions practice. He has also held research and consulting positions at Charles River Associates, The RAND Corporation, Needham, Harper Worldwide Advertising, SPSS Inc. and The University of Chicago Computation Center. Dr. Levy received a PhD and an AB with Special Honors in Economics from The University of Chicago.
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Daniel S. Levy, PhD
National Managing Director
617 901 6344
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For More Information Visit our Labor and Pay Equity pages.