Labor Discrimination & Employment Discrimination

Patterns of activity by an employer are crucial in determining whether an aggrieved party has a case. What types of activities happen consistently that demonstrate what an employer does or doesn’t do in hiring, promotions, training, and assignments made to staff? Patterns of activities, likelihoods associated with differential treatment of subgroups of employees, and examination of mitigating factors (education, previous experience, externalities like a tightening of the labor pool in a specific market) are all part of a careful analysis package.










Case Examples:


For a reduction in force, determination of how employees are to be released, employee classifications considered to be exempt because of key skill sets required, analysis of patterns comparing those employees to be laid off versus those retained. Helped establish a fair and objective method for instituting layoffs.

For a number of employees, we examined patterns of practice within the records of an employer to determine whether promotions and raises were accorded to full time staff on an equal and fair basis. Certain demographic subgroups were found to be the subject of discrimination because of willful neglect in managerial reviews of the activities and capabilities of staff.