Experts in CRA’s Labor & Employment practice were engaged in an ongoing litigation matter by a Fortune 50 technology company charged with allegedly discriminating in hiring selection, leveling, performance evaluations, promotions, and compensation against 10,000 Black and African American employees. Given the variety of claims brought forth and the complexity of the employment processes, CRA’s work involved the construction of databases, utilizing 45 different tables for 8 million applicants and 185,000+ employees. For mediation, CRA prepared estimates quantifying potential back wages, toggling various models and assumptions that could follow at trial.
To aid the defense, CRA developed visual analyses that revealed substantial pay variation within the plaintiff class. Using descriptive statistics, CRA demonstrated that class members spanned thousands of distinct roles, departments, and managers. The team also quantified internal class conflict by identifying putative class members whose employment decisions affected other members of the class. By highlighting both intra-class variability and internal conflict, CRA helped counsel reduce the scope of the class—resulting in a proposed settlement that was 40% of the size of the original claim.
